Written answers

Thursday, 18 December 2008

Department of Justice, Equality and Law Reform

Bail Law

5:00 pm

Photo of Deirdre CluneDeirdre Clune (Cork South Central, Fine Gael)
Link to this: Individually | In context

Question 16: To ask the Minister for Justice, Equality and Law Reform if he will propose legislative amendments to the Bail Act 1997; and if he will make a statement on the matter. [47140/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The operation of the bail laws in force is kept under review.

The Sixteenth Amendment to the Constitution allows for bail to be refused 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.

The Bail Act 1997 gave effect to this Amendment and also tightened up the bail regime generally.

The Criminal Justice Act 1984 provides for mandatory consecutive sentences to apply where a person is convicted of an offence committed while on bail. In addition, the law provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.

The Criminal Justice Act 2007 amended the 1997 Act and other statutes governing the law on bail with the aim of facilitating a stronger challenge by the prosecution to applications for bail by persons charged with serious offences and of further improving decision making by the courts.

These stringent provisions include a requirement that applicants for bail may have to provide a statement of their means, their previous criminal record and details of any offences committed while previously on bail. The Act also provides that a Garda Superintendent may give an opinion that bail should be refused on the grounds that the applicant is likely to commit a serious offence if granted bail. The prosecution authorities are also given the right to appeal against decisions to grant bail or, where it is granted, the conditions attaching to it.

The Agreed Programme for Government includes a commitment to conduct a formal annual review of the new measures in relation to bail introduced in the Criminal Justice Act 2007. The issue of establishing a formal review mechanism will be addressed when the provisions have been in force for a sufficient period to enable trends to be meaningfully assessed.

Comments

No comments

Log in or join to post a public comment.