Week 6: Bail

What is bail?

The release of the accused person after they have been charged with an offence, but before any possible conviction (Bail Act 1997)

The Right to Bail

The court has long recognised that, because a person is presumed innocent until proven guilty, their liberty should not be interfered with unnecessarily before their trial

Article 40.4.1

No citizen should be deprived of their liberty

Station bail

Where a person has been arrested without a warrant and has been brought to a Garda station and released on bail, as long as they appear in the district court

District Court bail

Can grant bail to persons coming before it for the first time in Garda Custody

S. 29 of the Criminal Procedure Act 1967

The application for bail will again have to be made before the High Court, and it can happen when an accused person is being sent forward for trial or sentence and they have a fresh opportunity to apply for bail

Trial Judge

Where an accused person is tried on indictment before the Central Criminal Court or the Circuit Criminal Court, and once they are sent forward, the trial judge has jurisdiction over the bail until the matter is disposed of

Special Criminal Court

Has jurisdiction to grant bail to someone where they have been charged before the Court or sent there for trial by the District Court or have been transferred there for trial by one of the ordinary courts

Court of Appeal

May take consequential orders upon granting leave to appeal, including an order admitting the appellant to bail pending the determination of his appeal for leave to appeal.

Supreme Court bail

May be possible to appeal a refusal of bail by the High Court or Court of Appeal to the Supreme Court

Conditions attaching to bail (2)

Recognisance (money)

Non-monetary conditions

Non-monetary conditions

• They need to appear in court at the end of their period

• Reside in a particular area

• Report to a specific police station when required

• Surrender passport or travel documents

• Refrain from contact with certain people

• etc

What happens when a person on bail fails to appear in court

• Bench warrant

• Brought before the court by Gardai (either arrested or by arrangement)

• The court may revoke bail and remand the accused in custody

• May order bail to be reinstated

Criminal Procedure Act 1967, s.28

A bail application can be renewed on each appearance before the district court when there is a change of circumstances (if no change, it will be considered res judicata — already determined —)