Written answers

Tuesday, 17 May 2016

Department of Justice and Equality

Bail Law

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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132. To ask the Minister for Justice and Equality her plans to amend bail conditions. [10376/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Under the Programme for a Partnership Government, a new Bail Bill is being drafted on a priority basis to provide for stricter bail terms for repeat serious offenders and to strengthen Garda powers to deal with breaches of bail.

As well as the bail conditions that a court can currently impose, the Bail Bill will provide that a court can require an accused person not to have contact with the victim of the alleged offence or any member of the victim’s family. The courts will also be given the power to impose a condition prohibiting an accused person from driving in a case where the person has been charged with a serious road traffic offence and the court considers that such a condition is necessary to prevent the commission of a further serious road traffic offence. In particular, the Bill will make provision for the imposition of curfews as a condition of bail.

In addition, the Bill will give the Garda Síochána new powers of arrest without warrant for a breach of bail conditions where it is necessary to arrest the person immediately to prevent absconding or to prevent harm, interference or intimidation to the victim or a witness.

In accordance with a specific commitment in the Programme for a Partnership Government, the Bail Bill will also contain streamlined proposals for the electronic monitoring of persons on bail and it will provide that electronic monitoring may be imposed as a bail condition if the prosecution applies to the court for that condition. This will facilitate the focused use of electronic monitoring for persons on bail.

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