Dáil Éireann Debate, Tuesday - 29 March 2022
83. Deputy Martin Kenny asked the Minister for Justice if she intends to pursue changes to bail conditions for those who have previously committed an offence while out on bail; and if she will make a statement on the matter. [16215/22]
View answerAs the Deputy will appreciate, the Constitutional presumption that a person is innocent until proven guilty means that restricting a person’s liberty is a serious matter.
While our laws do provide for the refusal of bail in certain circumstances, the decision to grant bail in a particular case is always a matter for the presiding judge, who is independent in the exercise of their judicial functions.
The Bail Act 1997, which was introduced following a referendum to amend the Constitution, allows the courts to refuse bail for a person charged with a serious offence if necessary to prevent the commission of another serious offence.
Over the last 25 years, our bail laws have been further strengthened on three more occasions, most recently by the Criminal Justice Act 2017.
In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.
Where bail is granted, the 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews.
It also strengthens Garda powers to deal with bail breaches.
If an individual fails to comply with any bail conditions, the judge will issue a bench warrant and they will be arrested and brought to Court to answer all charges relating to the bail.
In the event of a breach of High Court bail the defendant must be brought before the Court as soon as practicable for a revocation hearing.
A breach of bail may also result in an additional charge and an order and/or surety for ‘forfeiture and estreatment’ of the bail money.
While all legislative provisions are kept under review, in light of the existing provisions and safeguards relating to the granting of bail, I can inform the Deputy there are no immediate plans to introduce further bail legislation at this time but I will keep the law under active review.
