Written answers

Thursday, 8 June 2006

Department of Justice, Equality and Law Reform

Courts Service

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 184: To ask the Minister for Justice, Equality and Law Reform the steps he has taken to ensure that those charged with serious crimes are not allowed bail when charged in the Courts; and if he will make a statement on the matter. [22226/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy will be aware, the Bail Act 1997 amended the bail regime generally and gave effect to the terms of the Sixteenth Amendment of the Constitution. Section 2(1) of the Act provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. For this purpose a serious offence is defined as one which carries a penalty of at least 5 years imprisonment on conviction and which is listed in the Schedule to the Act (e.g. murder, manslaughter, sexual offences, drug offences). The Act was brought fully into operation on 15 May 2000. Furthermore, the Criminal Justice Act, 1984 provides that any sentence of imprisonment passed on a person for an offence committed while on bail shall be consecutive on any sentence passed on him or her for a previous offence.

The decision to grant bail in any particular case is a matter for the Courts who are, subject only to the Constitution and the law, independent in the performance of their judicial functions. The Garda Commissioner, for the first time, provided statistics on headline offences committed by persons who were recorded as being on bail at the time the offence was committed in his 2004 annual report. These figures show that 5% of headline offences were committed by persons on bail. The Garda annual report for 2005 indicates that 5.36% of headline offences were committed by persons on bail.

I welcome the provision of this information as a contribution to public discussion. I would point out that, while it is disturbing that offences are committed by persons on bail, the offence for which the person received bail may be a minor one.

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