Outline of proposed bail law changes issued

THE courts can refuse bail for a wide range of serious offences, including murder, assault causing actual bodily harm and rape if the referendum to change the Constitution is passed next month.

A "serious" offence is defined as an offence carrying a penalty of five years' imprisonment or more, according to the outline of the main provisions of the bail legislation to be enacted by the Government in the event of the Constitution being amended on November 28th.

This outline, setting out the offences to which the new bail regime will apply and the criteria to which the courts would have regard in considering whether to refuse bail, was published following yesterday's Cabinet meeting.

A spokeswoman for the Department of Justice confirmed that the Government does not intend to publish "the outline provisions" in Bill form before the vote.

The Sixteenth Amendment of the Constitution Bill, the technical means by which the Constitution will be changed to allow for bail to be refused by the courts on specified grounds, will be published by the Government today.

The main offences to which the new bail provisions will apply are murder, manslaughter, assault occasioning actual bodily harm, kidnapping, false imprisonment and rape.

Offences under Sections 18 and 20 of the Offences Against the Person Act, 1861, relating to wounding with intent to do grievous bodily harm and causing grievous bodily harm will be covered by the bail amendment

Similar assault provisions under Sections 18 and 19 of the Criminal Justice (Public Order) Act, 1994 are also listed.

The new bail regime will cover sexual offences relating to incest and defilement of a girl under 17 years of age, sexual assault and rape under Section 4 of the Criminal Law (Rape) (Amendment) Act, 1990.

Offences relating to firearms, explosives, robbery and burglary, aircraft and vehicles, criminal damage, forgery are also contained in the Government's outline of legislation.

Road traffic offences, such as dangerous driving causing death or serious bodily harm, and taking a vehicle without authority, will be covered by the bail referendum. So, too, will the provisions of the Offences Against the State Act, 1939, and certain drugs offences.

Some public order offences, such as rioting, violent disorder and affray will also come under the terms of the referendum.