Written answers

Tuesday, 28 February 2017

Department of Justice and Equality

Bail Law

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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126. To ask the Minister for Justice and Equality the current supports available to persons released on bail designed to assist them comply with their bail conditions; and if she will make a statement on the matter. [9900/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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It is not clear from the question if the Deputy has particular situations or categories of persons in mind where a need for supports might arise. If the Deputy has particular concerns, I would be glad to examine the matter further if he provides more specific details.

The Deputy will appreciate that that the operation of the Bail system is a matter for the Courts and I, as Minister, do not have a direct role in this regard.

However, I am advised that there are arrangements in place to assist persons with particular needs who may come before the Courts. In this regard I am advised that psychiatric reports may be provided for the courts regarding issues such as fitness to be tried, the presence or otherwise of mental illness, and treatment arrangements in the event of the imposition of a custodial or non-custodial sanction. Such reports can, in particular, aid the courts in diverting people with mental illness away from prison by ensuring that such persons can access appropriate treatment following the imposition of a non-custodial sanction.

It should be noted that the great majority of these diversions (about 80%) involve voluntary attendance at non-hospital settings, such as out-patient treatment settings.

In these voluntary cases, the court adjourns to allow the person to access such treatment and bail may be granted on this basis. In other cases, a person may be sent to a local approved centre for assessment and possible admission. In such cases, the person may be granted bail or given a non-custodial sanction by the court in order that they may access mental health care in an approved centre.

In relation to young offenders, I understand that a Bail Supervision Scheme has been introduced and this initiative operates under the aegis of my colleague the Minister for Children and Youth Affairs.

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