Dáil Éireann Debate, Wednesday - 28 September 2016
114. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which habitual offenders seem to be able to avail of bail on a regular basis resulting in continuation of their activity and general disregard for the interests of law abiding citizens; and if she will make a statement on the matter. [27756/16]
Amharc ar fhreagraThe Deputy will be aware that a decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail because, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that the accused person would be likely to abscond or interfere with witnesses or evidence. Section 2 of the Bail Act 1997, which gave effect to the Sixteenth Amendment of the Constitution, permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person. A “serious offence” is an offence listed in the Schedule to the Bail Act that is punishable by at least five years imprisonment.
Section 11 of the Criminal Justice 1984 as amended by section 22 of the Criminal Justice Act 2007 provides that any sentence of imprisonment for an offence committed while on bail shall be consecutive but if imposed in the District Court the aggregate term of imprisonment shall not exceed two years.
As part of the Government's response to crime, one of the major objectives is to focus on the key area of strengthening the law to get tougher on serious and repeat offenders. In that context the new Bail Bill, which is being drafted on a priority basis in accordance with the Programme for a Partnership Government, will specifically provide that the courts must have regard to persistent serious offending by an applicant for bail.
