Burglars to face denial of bail for repeat offences

Burglars who are convicted for repeat offences face consecutive sentences and denial of bail under new legislation which came into effect this weekend.

Minister for Justice Frances Fitzgerald said the new Criminal Justice (Burglary of Dwellings) Act would "help keep repeat burglars off the streets and improve the safety of our communities".

Speaking on Sunday, she said burglary of a person’s home was “a heinous crime and traumatic for every victim”, adding the new legislation would target repeat burglars.

The Minister said the legislation,which came into effect on Sunday, allowed for bail to be denied, and consecutive sentences to be given, to repeat burglars.

The Department of Justice said that the Criminal Justice (Burglary of Dwellings) Act 2015 provided that, for the purposes of bail applications, a previous conviction for domestic burglary coupled with two or more pending charges shall be evidence of likelihood to commit further domestic burglaries.

“This provision, while leaving the courts all necessary discretion to vindicate the constitutional rights of an accused person, allows a court in the absence of evidence to the contrary to conclude that the accused person is likely to commit a serious offence and could, therefore, refuse bail on that ground.”

It said the legislation also placed a requirement on a court which decides to impose prison sentences for multiple burglary offences to impose those sentences consecutively.

“The Act requires that any sentence of imprisonment for a second domestic burglary must be consecutive to any sentence of imprisonment for any other domestic burglary committed in the six months prior to or after the second sentenced offence. The discretion of a court whether or not to impose a custodial sentence is not restricted. It will still be a matter for the sentencing court to decide whether imprisonment is warranted for any given offence and, if so, the duration of the sentence for each offence.”

The Minister said: “I am prioritising efforts to tackle Ireland’s hardened cohort of repeat offenders. Tackling repeat offending will reduce crime levels and this new Act is an important step forward.”