Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

589. To ask the Tánaiste and Minister for Justice and Equality the number of persons who have re-offended while on bail in each of the past six years to date; and if she will make a statement on the matter. [55445/23]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, restricting of a person’s liberty prior to trial is a very serious matter, given the presumption that a person is considered innocent until proven guilty.

While the State’s bail laws provide for the refusal of bail in certain circumstances, judges are independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the judge concerned based on the available facts.

As already conveyed to the Deputy, the Bail Act 1997, which followed a 1996 referendum on the matter, enables courts to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the State’s bail laws have been further strengthened, specifically by the Criminal Justice Act 2007, the Criminal Justice (Burglary of Dwellings) Act 2015, and the Criminal Justice Act 2017.

In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant, and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail. The 2017 Act further provides for stricter bail terms for repeat serious offenders, including the use of curfews, and strengthens Garda powers to deal with breaches of bail.

While I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, all legislative provisions are kept under review.

The Deputy would be aware that Zero Tolerance, the Third National Strategy on Domestic Sexual and Gender Based Violence, commits to establish a review cycle to identify outstanding and emerging further reforms required to law, practice and procedure outside of supporting the victim/survivor (with attention to the voices of adult and child survivors). As part of this work, consideration will be given to provisions governing bail where there has been a suspected breach of a barring order and where there is a history of violence.

The table below shows the number of crime incidents reported in the specified year, the number of those incidents where the incident record indicated at least one of the persons associated with the incident as a ‘Suspected Offender’ were flagged as having committed the offence while on bail awaiting trial and the number of unique offenders identified per year.

These incidents are recorded across a broad range of incident categories with the predominant contributions from Theft (22%), Public Order Offences (20%), Court Related/Bail Offences (20%), Drugs (9%), Traffic (9%), Burglary (5%) and Criminal Damage (4%).

As these are crime incidents reported, it is important to note that not all of these incidents would ultimately have resulted in a prosecution or conviction.

* Incidents reported up to and including 10-Dec-2023.

These figures were collated based on data from PULSE as of 1:30am on the 11^th December 2023. They are operational and may be liable to change. Crime counting rules are applied to incident counts.