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Dáil Éireann díospóireacht -
Friday, 2 Jul 1982

Vol. 337 No. 4

Ceisteanna—Questions Oral Answers. - Persons on Bail.

15.

asked the Minister for Justice whether there is any statistical or other evidence available to him to show that crimes are being committed by persons on bail in respect of other charges; if so, the evidence there is; and if he will make a statement on the matter.

The answer to the first part of the question is yes. The Garda Síochána maintain certain records that provide a general guide to the level of crime committed by persons on bail. Those records relate to offences for which the Garda had obtained sufficient evidence to prefer charges. I am informed that in 1980 the number of such cases was 5,145 and in 1981 7,310.

While I should make it clear that these figures are intended only as a guide, I should also say that in the view of the Garda authorities they understate rather than overstate the extent to which offences are committed by persons on bail, as the Garda are satisfied that many offences are so committed without the Garda being able to obtain evidence to justify a charge.

Would the Minister accept that a particular problem arises from the fact that there is an all but automatic right to bail? This, taken in conjunction with the fact that in the District Court the maximum penalty which can be imposed is 12 months, brings about a situation where somebody released on bail knows that he faces at worst 12 months' imprisonment and there is a real incentive to go out and commit further offences? In that situation, would the Minister examine the possibility of bringing in new legislation to provide for consecutive sentences in the case of offences committed by persons while on bail?

I will do so.

I have been doing this already.

Has the Minister given any consideration to amending the Constitution to take account of the Supreme Court decision which is the cause of the present position?

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