Judges to provide reasons for granting bail under new rules

Judges must give reasons for releasing suspected offenders on bail under new legislation published on Thursday.

Currently, a judge may refuse bail if a suspect is not going to turn up for their trial, if they’re going to interfere with witnesses, if they’re charged with a serious crime or if there’s evidence they’re likely to commit another serious crime.

Minister for Justice Frances Fitzgerald said the new Bill "will seek to improve the operation of the bail system and make the law as effective as possible in protecting the public while also safeguarding the rights of the individual".

Among the new reforms included in the Bail Bill are:

• Providing that courts must give reasons for bail decisions.

• Providing a Garda power of arrest without warrant for breach of bail conditions, where it is necessary to arrest the person immediately to prevent absconding or to prevent harm, interference or intimidation to the victim or a witness to the offence.

• Giving the District Court power to refuse bail where there is an appeal against a sentence of imprisonment imposed by that court. At present, the District Court cannot refuse bail when such an appeal is lodged.

• Providing for restrictions on post-conviction bail in cases where a custodial sentence is likely to be, or has been, imposed.

• Giving the courts the power to prohibit an accused person from driving, where the person has been charged with a serious road traffic offence and the court considers this necessary to prevent the commission of a serious road traffic offence.

• Updating and extending the legislative basis for the electronic monitoring (tagging) of persons on bail.

Ms Fitzgerald added: “While the Bill must reflect the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, the intention is that the proposed new provisions will provide better guidance to the courts on how such protection might be provided.”

The Bill will also require courts to consider persistent serious offending by an applicant for bail; the nature and seriousness of any danger presented by the grant of bail to a person charged with a serious offence; in certain cases hearing evidence from the victim of an offence before a decision on bail is taken

Barrister Paul Anthony McDermott said other changes need to take place if new bail rules are to have any impact. More prison places are needed, judges require more time to conduct bail hearings and delays in the criminal justice system must be dealt with, he said.

But rights organisation the Irish Penal Reform Trust said Ireland doesn’t need more prison spaces. “The LAST thing Ireland needs is more prison spaces – what we need is to reduce use of prison for minor offences,” it said in a tweet on Thursday morning.