Written answers

Tuesday, 27 November 2018

Department of Justice and Equality

Bail Law

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail)
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302. To ask the Tánaiste and Minister for Justice and Equality if there are changes to bail laws being considered by his Department in view of the Garda Commissioner’s recent public statements on changes needed to bail laws; and if he will make a statement on the matter. [49057/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Garda Commissioner recently ordered a review of policing issues arising from a case in which serious crimes were committed following breaches of bail conditions by the perpetrator in respect of prior incidents. The review will seek to establish any lessons to be learned and whether changes to Garda processes and procedures are needed, and will include an examination of the legislative framework. Following the conclusion of the review, any changes proposed to the law on bail will be considered.

The bail laws have been significantly strengthened by this Government. The Criminal Justice Act 2017, which came into force last year, expanded the factors a court may take into account when refusing bail. These factors include previous convictions for serious offences which indicate persistent serious offending and the likelihood of any danger to a person or the community that the release of the accused on bail could cause.

Further to this, the Act has increased the range of conditions that may be attached to a grant of bail such as the imposition of curfews and the prohibition of contact by the accused with the victim or the victim’s family. The Act also introduced a new power of arrest without warrant, where a Garda suspects that a person has breached or is about to breach a bail condition and the Garda considers it necessary to arrest the person immediately to prevent harm to, interference with or intimidation of the victim or a witness to the offence alleged.

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