Written answers

Thursday, 19 October 2017

Department of Justice and Equality

Crime Data

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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116. To ask the Tánaiste and Minister for Justice and Equality the number of offences committed by prisoners while on bail in each of the past three years; if this has fluctuated on an annual basis; and if he will make a statement on the matter. [44477/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose.  I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy.

As the Deputy will be aware, a decision to grant bail in a particular case is a matter for the presiding Judge, who is, subject only to the Constitution and the law, independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty.

The Criminal Justice Act 2017 (changed from the Bail (Amendment) Bill 2016), which was enacted in June of this year, strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail. 

Under the Act, the Court will be required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the grant of bail to a person charged with an offence, that carries a penalty of 10 years’ imprisonment or more.  The Court will also have the power, in certain cases, to hear evidence from the victim of an offence before a decision on bail is taken.

Where an accused person is granted bail, the Act will provide for stricter bail terms for repeat serious offenders, strengthen Garda powers to deal with breaches of bail, increase the use of curfews, and introduce electronic tagging for those on bail in certain circumstances where requested by Gardaí.

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