Oireachtas Joint and Select Committees

Wednesday, 5 April 2017

Select Committee on Justice and Equality

Bail (Amendment) Bill 2016: Committee Stage

9:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I would like to provide a practical assessment of it. A bail list appears approximately twice a week in the High Court. Yesterday, the bail list in Cloverhill contained 22 applications. If we just limit it to the High Court, that is dealt with on Mondays. They are dealt with promptly and fairly and the judges have an understanding of what the law is, as do the practitioners. If there was a requirement for a written judgment in respect of all of them, it would slow the process down considerably. To deliver 22 written judgements in respect of the applications yesterday would mean that those applications could not be concluded or ruled on until such time as the written decision was given. I understand the purpose behind amendment No. 9. I think there is a recognition among criminal law practitioners as to what is the law in respect of the area of bail and the grounds upon which it will be granted. There have been decisions in the High Court in respect of that. However, if it is to be the case that there must be a written decision relating to every application, it will slow the entire process down and will probably be contrary to the interests of individuals applying for bail because at the time they apply for bail, they are in custody and it will take longer for them to be granted bail.

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