Courts to be allowed refuse bail on greater number of grounds under proposed Bill

Courts will be able to refuse bail on a greater number of grounds, and will be able to attach greater conditions to those reduced on bail, under measures to be considered by the Cabinet today.

When considering bail, a court will also be able to heard evidence of the victim on the likelihood of the accused interfering with the victim or a family member.

Tánaiste Frances Fitzgerald will bring the Bail Amendment Bill to cabinet today and it will also make it easier for courts to attach electronic monitoring devices to those released on bail.

While a provision to allow for electronic monitoring has been in place since 2007, it has largely been unused.

The Department of Justice says this is because the existing “open ended” provision “could result in over-use of electronic monitoring, with operational and cost implications”.

“This Bill will amend that provision by making it subject to an application by the prosecution, so making it manageable and controllable,” the department said.

It will also increase the factors a court can take into account when refusing bail, such as a pattern of serious offending by the accused and the likelihood of danger to another person or the wider community.

“The Bill will also increase the range of conditions that may be attached to bail, including prohibiting the accused from driving where the offence charged is a serious road traffic offence, and the imposition of a night-time curfew on the accused,” the department added.

Courts will also give reasons when bail is refused in order to “promote openness and transparency in bail decisions and assisting in a better understanding of the bail process”.