John Brady (Wicklow, Sinn Fein)
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2028. To ask the Tánaiste and Minister for Justice and Equality the number of people charged with murder who received bail before their conviction in the years 2020 to 2025; and if he will make a statement on the matter. [42210/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The separation of powers is enshrined in the Constitution to ensure judges are independent of Government. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.

In relation to the figures requested, it is not possible to provide this report from the case management system in use in the Central Criminal Court as it is a legacy database which does not collate the data in that way.

However, to be of assistance, the Courts Service has provided a report from the case management system in use in the District Court. The report below provides the custody status of all persons charged with Murder or attempted murder or manslaughter who were before the District Court between 1 January 2020 – 31 May 2025 and sent forward for trial to the Central Criminal Court during that period.

Please note that when a person is charged with murder, attempted murder or conspiracy to murder, the District Court does not have the power to grant them bail. In those cases, the accused person or their legal representative must apply to the High Court for bail. However, the grant of bail by the High Court is generally notified to the District Court.

Persons who were sent forward in custody may have subsequently been granted High Court Bail, which was not notified to the District Court. This will not be reflected in the statistics below.

Our laws, particularly the Bail Act 1997 (as amended), provide for the refusal of bail in particular circumstances in line with the Constitution. The law sets out the circumstances where bail can be refused and also provides powers to An Garda Síochána to object to bail being granted.

The presiding judge is entirely independent in the exercise of their judicial functions, and the decision to grant or refuse bail in a particular case is solely a matter for the court. It must be noted that restriction on a person’s liberty prior to conviction is taken very seriously, given the Constitutional presumption that every person is deemed innocent until proven guilty in a court of law.

The law sets out that a court may refuse bail where there is a risk that the accused might abscond, interfere with witnesses, or otherwise obstruct the course of justice. In addition, under section 2 of the Bail Act 1997 (as amended), bail may be refused in respect of a person charged with a serious offence where the court is satisfied that such refusal is reasonably considered necessary to prevent the commission of a serious offence by that person.

In exercising this jurisdiction, the court must consider certain mandatory criteria, including the nature and seriousness of the charge, the accused’s criminal record, and any previous offending while on bail. Where relevant, the court may also consider the extent to which the accused’s prior convictions suggest persistent serious offending, as well as the potential danger posed to individuals or the community by their release. In all cases, the court is required to give reasons for its decision to grant or refuse bail.

If bail is granted, the court has wide discretion to impose conditions that it considers necessary and proportionate. These may include conditions to protect the victim or their family, such as a curfew, a requirement to sign-on at a specified Garda Station, a requirement to reside or remain at a specified address, restrictions on travel to certain areas, prohibition on contact with specified individuals (including victims).

Where a person on bail fails to appear in court in accordance with the conditions of his/her recognisance, the court may issue a bench warrant directing that the individual be brought before the court. Additionally, upon application to the court stating that the accused has or is about to contravene any of the conditions of the recognisance, the judge may issue an arrest warrant, giving An Garda Síochána the power to arrest and bring the person before the court so that the court can consider whether the conditions have been breached. Additionally, section 6(10) of the Bail Act 1997 provides that An Garda Síochána may arrest an individual on bail without warrant in specific circumstances to prevent harm, interference or intimidation of a victim or a witness.