Written answers
Tuesday, 25 February 2025
Department of Justice and Equality
Probation and Welfare Service
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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677. To ask the Tánaiste and Minister for Justice and Equality the number of bench warrants that were issued in each of the past three years as a result of a breach of conditions of bail; and if he will make a statement on the matter. [7800/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am advised that it has not been possible for An Garda Síochána to collate the information requested by the Deputy in the time frame available.
I have requested that An Garda Síochána continue working to collate this information and I will write directly to the Deputy as soon as it is available.
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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678. To ask the Tánaiste and Minister for Justice and Equality the number of arrests that have been made by An Garda Síochána in each of the past three years where they have had reasonable cause to suspect that a person has breached or is in breach of a bail condition; and if he will make a statement on the matter. [7801/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law.
However, the Bail Act contains robust provisions on both dealing with and pre-empting breaches of bail. Where an individual fails to comply with any bail conditions, the judge may issue a bench warrant, mandating An Garda Síochána to arrest and bring the person before the court.
Furthermore, a Garda member may immediately arrest a person without a warrant where the member has reasonable cause to suspect that that person has breached, or is about to breach, a bail condition and the member considers the arrest necessary to prevent harm to, interference with, or intimidation of a victim or witness.
The information the Deputy has requested was provided by An Garda Síochána and is listed in the table below.
Year of entry into custody | No. of custody records* |
---|---|
2022 | 4084 |
2023 | 4138 |
2024 | 4146 |
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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679. To ask the Tánaiste and Minister for Justice and Equality the number of times in the past three years a breach of bail has resulted in an additional charge or forfeiture of bail money; and if he will make a statement on the matter. [7802/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Under the Bail Act, if a person fails to comply with any bail conditions, the judge may issue a bench warrant, mandating An Garda Síochána to arrest and bring the person before the court.Furthermore, a Garda member may immediately arrest a person without a warrant where the member has reasonable cause to suspect that that person has breached, or is about to breach, a bail condition and the member considers the arrest necessary to prevent harm to, interference with, or intimidation of a victim or witness.
A breach of bail may result in an additional charge and an order and/or surety for ‘forfeiture and estreatment’ of the bail money.
The Courts Service has provided the information outlined in the table below in relation to the number of orders for estreatment and forfeiture, for the period 2022-2024, in respect of the District Court.
The Courts Service have advised that they are not in a position to produce such a report for other court jurisdictions, or in relation to instances in which a breach of bail has resulted in an additional charge.
Bail | 2022 | 2023 | 2024 |
---|---|---|---|
Estreatment of Bail | 3,743 | 3,699 | 3,450 |
Forfeiture of Bail | 356 | 253 | 229 |
Total | 4,099 | 3,952 | 3,679 |
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