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 Jane Mulcahy:

I thank Deputy Farrell for drawing my attention to my careless language. It was harsh of me given that I am urging politicians to be careful about their language. I suppose what I meant is that I highly recommend that people spend some time at High Court bail list hearings to get a perspective on burglary. People would then see that on any given day most of the people being accused of burglary have addiction issues. One might come across an armed gang member from a highly mobile group. However, such examples capture media attention and hence political attention. That was really what I was trying to draw attention to. Unfortunately, because of the way we record statistics in this country, it is very difficult to get to the root of it and the accurate statistics. That is something for another day. Certainly, it would be better if we had more accurate statistics in this regard. For example, if we knew what percentage of accused people go on to receive a custodial sentence, it would be helpful. It would also be useful to know what percentage of people remanded in custody do not get convicted at all. They may have spent six, seven or eight months in pre-trial detention, with no compensation offered to them. That is six or seven months that they cannot get back.

Reference was made to inconsistencies in bail decisions. Obviously, it is of great concern to all of us when judges seem to get it wrong and release someone on bail. However, I reiterate that they are dependent on the information that is presented to them from the PULSE system and the Garda. The can predict all manner of human behaviour. When allegations of violent behaviour are put before them, there is not a judge in the country who will not take that seriously. They are quite risk averse and they know the way the media headlines will go if they get it wrong. On the other hand, there is considerable inconsistency at the lower end of the scale. We have seen women remanded in custody for failing to appear. They may have chaotic lives or they may have gone to see a child in care but a judge might throw the book at them and remand them in custody for a week. Is that an appropriate use of remand? These are major issues.