Gardai welcome new bail laws

Gardai have welcomed new powers given to the DPP to oppose all bail decisions granted by district courts.

Gardai have welcomed new powers given to the DPP to oppose all bail decisions granted by district courts.

Senior officers believe many criminals who are not automatically remanded in custody may potentially re-offend, abscond or interfere with witnesses or evidence.

The DPP will now be able to appeal to the High Court against all bail decisions by judges in district courts.

The independent state prosecutor will also be able to object to individual bail conditions set by the district court.

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The Association of Garda Sergeants and Inspectors said hundreds of crimes are committed every year by offenders on bail.

AGSI general secretary Joe Dirwan said: “Any changes in the law that restrict bail applications on sustainable grounds are welcome.

“Many crimes, including serious crimes, are often committed while offenders are on bail and it adds to the workload of every Garda district.”

The new changes come into effect immediately as Minister for Justice Dermot Ahern has resolved legal difficulties to bring the relevant section 19(a) of the Criminal Justice Act 2007 into law.

Mr Ahern said he expected the new law will be a very useful addition to the DPP’s powers as almost all bail applications must be made in the district court.

A 1996 referendum allowed for bail to be refused where a person is charged with a serious offence and where refusal is reasonably considered necessary to prevent the commission of a serious offence by the person.

Up to now, gardai could object to bail being granted in the district courts but could often see their applications refused by judges.

Mr Ahern said of the new bail law: “It will be a very useful and effective addition to the DPP’s powers, especially since almost all bail applications must be made in the District Court.

Applications for bail for only a limited set of offences, most notably murder, are made in the High Court.

“I am particularly pleased that the appeal can be taken against the conditions attached to the bail by the District Court. I hope that this will result in tighter conditions being applied.”

DPP James Hamilton said on Saturday that the state needs to ensure that juries get more protection and that their privacy is guaranteed.

He also told the annual National Prosecutors’ Conference at Dublin Castle that he believed the use of covert surveillance was necessary to obtain evidence on organised crime.

PA