Ms Joan Deane:

AdVIC is a registered charity that advocates on behalf of victims of homicide. It was founded in 2005 and is run entirely by volunteers who have been bereaved by homicide. Today I shall speak about bail only as it relates to homicide.

AdVIC welcomes any attempts to improve our bail law, which will ensure fairness for the accused and victims, but we wonder whether this Bill goes far enough. If we are in a position to review the current law, we should take the opportunity to ensure any change is significant and effective. We must not forget the family of the victim of homicide when it comes to bail. In every case of homicide, a grieving family is left behind to try to come to terms with an immense tragedy while, at the same time, having to navigate its way through a legal system that is dense and often alien to them. The criminal justice system, as it stands, does not serve the needs of such families at all.

Bail is a complex issue and for a bereaved family it can present issues and concerns. A person accused of homicide out on bail can, and often does, present a real danger to the family of his or her victim, which can increase stress, worry and anxiety for a family. The accused may live in close proximity to the family. Very often, the accused can even be a family member. In all cases, the levels of stress are increased to such an extent that it becomes a great burden on a family. Very often, there is a real danger to such a family. AdVIC has worked with families bereaved by homicide since 2005 and the issues and concerns raised with it over the years have included intimidation by an accused, or by his or her family. This can take many forms. There can be openly aggressive behaviour or often more subtle but nonetheless real intimidation, and this can result in re-victimisation. There are occasions where an entire community might be affected by the behaviour of a person accused of homicide while out on bail, and the safety of individuals and the wider community must be considered before bail is granted.

AdVIC understands that the constitutional right to bail and the presumption of innocence must be upheld. AdVIC in no way wishes to take away the rights of an accused person, but we strongly feel that the right to protection of the victim, or the victim's family in the case of homicide, must be given equal consideration at the very least. This Bill does not sufficiently address the practical issues that affect families of homicide. It is vital that any change to our existing bail laws be enforceable and resourced if it is to be effective.

AdVIC proposes that where an accused breaches his or her bail conditions, having been charged with an unlawful killing, this in itself must be considered a serious offence regardless of the nature of the breach. This new offence should not be punished concurrently but should be treated consecutively. AdVIC also proposes that a person convicted of, or pleading guilty to, any unlawful killing should not be released on bail while awaiting sentence.

It must also be remembered that the time it takes to bring a case to trial creates stress and anxiety for families, and any changes to the bail law should take this into account. It can increase the time during which a family is under threat.

Electronic monitoring is a good idea, particularly for the most serious crime of all, but we wonder how it would work, how it would be resourced and how long it would take to implement. Meanwhile, there are some practical and enforceable ways to afford protection to victims' families following a homicide such as applying strict bail conditions. Perhaps regular blood testing should be a condition of bail where drugs or alcohol are an issue. Revoking a driving licence in some cases may afford protection. We strongly believe that when a senior garda objects to bail, this is never done lightly and should be given careful consideration by a judge. The views and fears of the family of the victim should also be taken into account.

I stress that AdVIC has no wish to interfere with the rights of an accused person to bail. However, we believe the family of a homicide victim is entitled to protection, as is society in general. It is essential that any objection to bail by a senior member of An Garda Síochána is given serious consideration, at the very least, before bail is granted. It is also important that the views of the family of the victim are taken into account and that their fears and concerns are heard. If we have this opportunity to change, we should ensure that any such change will significantly and effectively address the needs of families of homicide victims.