Dáil Éireann Debate, Tuesday - 11 July 2023
542. Deputy Bernard J. Durkan asked the Minister for Justice the number of persons, if any, currently released on bail and awaiting trial in respect of serious offences; and if she will make a statement on the matter. [34348/23]
View answerAs the Deputy was previously advised, and as I am sure the Deputy appreciates, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law.While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding Judge is entirely independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the Judge.As previously conveyed to the Deputy, the Bail Act 1997 followed on foot of the 1996 referendum on a proposed amendment to the Constitution enabling a court to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the State’s bail laws were further strengthened, specifically by the Criminal Justice Act, 2007, the Criminal Justice Act, 2015, and 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, any convictions for offences that were committed while on bail and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.
The 2007 Act provides that when a person is admitted to bail, there is a mandatory condition that the accused not commit an offence while on bail. The commission of an offence while released on bail is an automatic breach of one of the conditions of bail and may result in the issue of a bench warrant for the accused’s arrest.The 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the Judge will issue a bench warrant and this gives An Garda Síochána power to arrest and bring the person before the 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 against the defendant and/or their surety for the ‘forfeiture and estreatment’ of the bail money.
It is also important to state that criminal investigations are carried out by An Garda Síochána, who then submit a report to the DPP. The Director of Public Prosecutions (DPP) is the agency responsible for the prosecution of crime in Ireland and it is for the DPP to decide whether or not someone should be prosecuted and for what crime. This decision is made on the basis of the Garda findings, viewed against the background of common and/or statute law. The Director is fully independent in the performance of her functions.Furthermore, as the Deputy will be aware, the provision of figures in relation to convictions are a matter for the Courts Service. Management of the courts, operational and logistical matters are the responsibility of the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. As the Deputy will be aware, I have no role in this regard. However, I am advised by the Court Service that it is not possible to provide the Deputy with the information sought.
