Oireachtas Joint and Select Committees

Wednesday, 4 November 2015

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Bail Bill 2015: Discussion

9:30 am

Ms Deirdre Duffy:

I should clarify in response to Ms Mulcahy's contribution that serious crime is not of itself the reason a person would be denied bail. As we indicated, it is the totality of circumstances by which the judge makes a decision. I echo Ms Malone's comments that it is really about knowing the reasons bail is being refused or granted.

Deputy Finian McGrath raised some important points about the criminal justice system as a whole, particularly in terms of sentencing. We do not always know the reasons judges make decisions around sentencing and we do not have an integrated sentencing system or guidelines and principles for sentencing in this country. This is very frustrating for people involved in the process and members of the public who, as Ms Malone noted, largely pick up their information through the media. Having said that, we obviously do not want to interfere with the independence of the Judiciary. However, transparency, accountability and knowing the reasons judges make their decisions are key to this.