Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

One of the issues in determining whether an individual should be granted bail, based on the current applicable law, is whether they pose a threat to an alleged victim of a crime for which they are being prosecuted or whether there is an issue of intimidation of juries. There are different laws applicable with regard to bail in different countries. There are constitutional pronouncements made by the courts of relevance in this area and it is open to the courts where a person commits a crime when out on bail to impose consecutive as opposed to concurrent sentences if they are subsequently prosecuted in those circumstances. Other relevant criminal offences arise in this context as well.

Naturally there is a wide variety of provisions in place in other countries. One of the criticisms of some countries is that individuals are held in prison for far too long pending the hearing of a criminal prosecution. That can perpetrate a particular injustice if, when the prosecution takes place, they are found not guilty. It is important that we provide a considered and proportionate response to addressing the real issues of concern in this area and that there is protection for the general community against individuals intent on continuous offending. However, at the same time it is important that we do not find ourselves in a position where a significant number of persons are held in prison on bail who are found to be innocent of the offences for which they are being prosecuted subsequently.

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