Helen McEntee (Meath East, Fine Gael)
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Restricting an accused person’s liberty prior to trial is a very serious matter, given the constitutional presumption of innocence and the presumptive entitlement to remain at liberty that flows from that.

The State’s bail laws do provide for the refusal of bail in certain circumstances, but as the Deputy is aware, judges are independent in the exercise of their judicial functions.

Where an accused is charged with a serious offence, a court may refuse bail if it is satisfied that such refusal is necessary to prevent the commission of a further serious offence and any decision to grant or refuse bail in a particular case is solely a matter for the judge concerned.

Under the 1997 Act, when considering whether to refuse bail, the court must take into account:

• The nature and seriousness of the offence, and the sentence likely to be imposed on conviction;
• The nature and strength of the evidence;
• Any previous convictions, including for offences committed while on bail; and
• Any other offences for which the accused is awaiting trial.

The court may also consider the extent to which the number and frequency of previous convictions indicate persistent serious offending by the accused. Additionally, where the accused is charged with an offence punishable by imprisonment for a term of 10 years or more, the court may consider the nature and likelihood of any danger to the life or personal safety of any person, or any danger to the community, from the accused’s release on bail.

Our bail legislation has been revised on several occasions. It now enables courts to refuse bail for a person charged with a serious offence to prevent the risk of a further serious offence being committed while on bail. It also provides for stricter bail terms for repeat serious offenders, including the use of curfews.

Additionally, it strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the judge may issue a bench warrant, giving An Garda Síochána the power to arrest and bring the person before the court to answer all charges relating to the bail. If a member of An Garda Síochána has reasonable cause to suspect that a person has breached, or is about to breach, a bail condition and it is necessary to prevent harm to, interference with, or intimidation of a victim or witness, they may arrest the person immediately without a warrant.

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