Bail Act 1997

1. Interpretation.

1.—(1)In this Act, except when the context otherwise requires—

“the Act of 1967” means the Criminal Procedure Act, 1967;

F1["authorised person" means a person who is appointed in writing by the Minister, or a person who is one of a prescribed class of persons, to be an authorised person for the purposes ofsections 6Band6C;]

“court” means any court exercising criminal jurisdiction but does not include court martial;

“criminal record”, in relation to a person, means a record of the previous convictions of the person for offences (if any);

F1["Minister" means Minister for Justice, Equality and Law Reform;]

F1["prescribed" means prescribed by regulations made by the Minister;]

“serious offence” means an offence specified in the Schedule for which a person of full capacity and not previously convicted may be punished by a term of imprisonment for a term of 5 years or by a more severe penalty.

(2)In this Act—

(a)a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b)a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended,

(c)a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

1A. F2[Statement by applicants for bail charged with serious offences.

1A.—(1) A person who is charged with a serious offence and applies for bail (in this section referred to as "the applicant") shall, subject tosubsections (4)and(5)(c), furnish to the prosecutor a written statement duly signed by the applicant and containing the following information relating to the applicant:

(a) his or her name and any other name or names previously used;

(b) his or her current occupation and any previous occupation or occupations within the immediately preceding 3 years;

(c) his or her source or sources of income within the immediately preceding 3 years;

(d) his or her property, whether wholly or partially owned by, or under the control of, the applicant and whether within or outside the State;

(e) any previous conviction or convictions of the applicant for a serious offence;

(f) any previous conviction or convictions of the applicant for an offence or offences committed while on bail;

(g) any previous application or applications by the person for bail, indicating whether or not it was granted and, if granted, the conditions to which the recognisance was subject.

(2) The statement shall be in the prescribed form or a form to the like effect.

(3) The statement shall be furnished to the prosecutor—

(a) where written notice of the application for bail is not required, as soon as reasonably practicable before the application is made, or

(b) where such notice is required, on service of the notice.

(4) The requirement insubsection (1)to furnish a statement may be dispensed with where—

(a) the prosecutor states an intention to consent to the grant of bail, or

(b) the applicant and prosecutor consent to dispensing with the requirement.

(5) The court may by order:

(a) extend the period for production by the applicant of the statement;

(b) adjourn the hearing of the application pending production of the statement;

(c) dispense with the need to comply withsubsection (1)if satisfied that there is good and sufficient reason for doing so;

(d) impose such conditions as it considers just in any order made by it under this section.

(6) The statement shall be received in evidence without further proof in proceedings under this section if it purports to be signed by the applicant.

(7) In proceedings under this section any witness may, with the leave of the court, be examined on the content of the statement.

(8) No information relating to the statement or any part of it shall be published in a written publication available to the public or be broadcast, unless the court otherwise directs.

(9) The court may, if it considers that publication of any examination of the applicant in relation to the statement or any part of it or of any submissions made to the court may prejudice the applicant’s right to a fair trial, by order direct that no information relating to the examination or submissions be published in a written publication available to the public or be broadcast.

(10) The court, when making an order undersubsection (9), may specify the duration of the order and may at any time vary or set aside the order.

(11) An applicant who knowingly gives false or misleading information or conceals any material fact, either in the statement or in evidence in proceedings under this section, is guilty of an offence and liable on summary conviction to a fine not exceeding€5,000 or imprisonment for a term not exceeding 12 months or both.

(12) Any information contained in the statement is not admissible in evidence in any other proceedings or matter, except in proceedings against the applicant undersubsection (11).

(13) The court may consider an application for bail, notwithstanding a failure by the applicant to furnish the statement.

(14) Nothing in this section limits the jurisdiction of a court to grant bail.

(15)Subsection (2)ofsection 4applies in relation to the hearing of evidence in relation to the statement andsubsections (4)to(7)of that section apply in relation to a contravention ofsubsection (8)or(9)of this section, in each case with the necessary modifications.

(16) In this section "property" means—

(a) cash, money in an account in a financial institution, cheques, bank drafts and transferable securities (including shares, warrants and debentures),

(b) land,

(c) mechanically propelled vehicles, and

(d) any other asset exceeding€3,000 in value.]

2. Refusal of bail.

2.—(1)Where an application for bail is made by a person charged with a serious offence, a court may refuse the application if the court is satisfied that such refusal is reasonably considered necessary to prevent the commission of a serious offence by that person.

F3[(2) In exercising its jurisdiction undersubsection (1), a court shall take into account and may, where necessary, receive evidence or submissions concerning—

(a) the nature and degree of seriousness of the offence with which the accused person is charged and the sentence likely to be imposed on conviction,

(b) the nature and degree of seriousness of the offence apprehended and the sentence likely to be imposed on conviction,

(c) the nature and strength of the evidence in support of the charge,

(d) any conviction of the accused person for an offence committed while he or she was on bail,

(e) any previous convictions of the accused person including any conviction the subject of an appeal (which has neither been determined nor withdrawn) to a court,

(f) any other offence in respect of which the accused person is charged and is awaiting trial,

and, where it has taken into account one or more of the foregoing, it may also take into account—

(i) the fact that the accused person is addicted to a controlled drug within the meaning of theMisuse of Drugs Act 1977,

(ii) the extent to which the number and frequency of any previous convictions of the accused person for serious offences indicate persistent serious offending by the accused person, and

(iii) the nature and likelihood of any danger to the life or personal safety of any person or danger to the community that may be presented by the release on bail of a person charged with an offence punishable by imprisonment for a term of 10 years or by a more severe penalty.]

F4[(2A) In addition to taking into account the matters referred to insubsection (2)in exercising its jurisdiction undersubsection (1), where—

(a) an application for bail is made by a person charged with a serious offence which is a relevant offence, where the relevant offence is alleged to have been committed in a dwelling, and

(b) the circumstances specified insubsection (2B)exist in respect of the person making that application,

a court, in exercising that jurisdiction, shall consider the existence of those circumstances as evidence that the person is likely to commit a relevant offence in a dwelling.

(2B) The circumstances referred to insubsection (2A)(b)are that the person—

(a) is charged with a relevant offence alleged to have been committed—

(i) in a dwelling,

(ii) on or after the coming into operation ofsection 1of the Criminal Justice (Burglary of Dwellings) Act 2015, and

(iii) after he or she attained the age of 18 years,

in respect of which the application for bail is being made,

(b) has a conviction for a relevant offence where the relevant offence was committed in a dwelling in the period of 5 years immediately prior to the application for bail irrespective of whether or not the person committed that relevant offence before or after he or she had attained the age of 18 years, and

(c) at the time of the application for bail in respect of the relevant offence referred to inparagraph (a)—

(i) has convictions for not less than 2 relevant offences (other than a conviction for a relevant offence referred to inparagraph (b)) committed—

(I) in a dwelling,

(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to inparagraph (a), and

(III) after he or she attained the age of 18 years,

(ii) is charged with, and is awaiting trial for, not less than 2 relevant offences (other than the relevant offence referred to in paragraph (a)) alleged to have been committed—

(I) in a dwelling,

(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to inparagraph (a), and

(III) after he or she attained the age of 18 years,

or

(iii) has a conviction for a relevant offence (other than a conviction for a relevant offence referred to inparagraph (b)) and is charged with, and is awaiting trial for, a relevant offence (other than the relevant offence referred to inparagraph (a)) committed or alleged to have been committed, as the case may be—

(I) in a dwelling,

(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to inparagraph (a), and

(III) after he or she attained the age of 18 years.

(2C) A reference insubsection (2B)to a conviction for a relevant offence includes a reference to a conviction for a relevant offence which is the subject of an appeal (which has neither been determined nor withdrawn).

(2D) Nothing insubsection (2B)(b)shall be taken to prejudice the operation ofsection 258of theChildren Act 2001.]

(3)In determining whether the refusal of an application for bail is reasonably considered necessary to prevent the commission of a serious offence by a person, it shall not be necessary for a court to be satisfied that the commission of a specific offence by that person is apprehended.

F5[(4) In this section—

"dwelling" includes—

(a) a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used,

(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used, or

(c) a part of a dwelling;

"relevant offence" means an offence undersection 12or13of theCriminal Justice (Theft and Fraud Offences) Act 2001.]

2A. F6[Evidence in applications for bail under section 2.

2A.—(1) Where a member of the Garda Síochána not below the rank of chief superintendent, in giving evidence in proceedings undersection 2, states that he or she believes that refusal of the application is reasonably necessary to prevent the commission of a serious offence by that person, the statement is admissible as evidence that refusal of the application is reasonably necessary for that purpose.

(2) Evidence given by such a member in the proceedings is not admissible in any criminal proceedings against the applicant.

(3) The court may, if it considers that publication of evidence given by such a member undersubsection (1)or of any part of it may prejudice the accused person’s right to a fair trial, by order direct that no information relating to the evidence or that part, or to any examination of the member, be published in a written publication or be broadcast.

(4) The court, when making an order undersubsection (3), may specify the duration of the order and may at any time vary or set aside the order as it sees fit and subject to such conditions as it may impose.

(5)Subsection (2)ofsection 4applies in relation to the hearing of the evidence of the member andsubsections (4)to(7)of that section apply in relation to a contravention ofsubsection (3)of this section, in each case with the necessary modifications.

(6) Nothing in this section is to be construed as prejudicing the admission in proceedings under section 2 of other evidence of belief, or of evidence of opinion, whether tendered by any member of the Garda Síochána or other person.

(7) Nothing in this section limits the jurisdiction of a court to grant bail.]

3. Renewal of bail application.

3.—(1)Where an application by a person for bail—

(a)has been refused by a court under section 2, and

(b)the trial of the person for the offence concerned has not commenced within 4 months from the date of such refusal,

then, the person may renew his or her application for bail to that court on the ground of delay by the prosecutor in proceeding with his or her trial, and the court shall, if satisfied that the interests of justice so require, release the person on bail.

(2)In determining whether to grant or refuse an application under subsection (1), a court may receive evidence or submissions concerning the delay in proceeding with the trial of the person concerned.

(3)Nothing in this section shall affect the operation of section 24 of the Act of 1967.

4. Evidence of previous criminal record.

4.—(1)In any proceedings in relation to an application referred to in section 2 (1), the previous criminal record of the person applying for bail shall not be referred to in a manner which may prejudice his or her right to a fair trial.

(2)In any such proceedings as aforesaid, a court may—

(a)direct that the proceedings shall be heard otherwise than in public, or

(b)exclude from the court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons if any as the court may permit to remain.

F7[(2A)Subsection (2)is without prejudice to the right of—

(a) a parent, relative or friend of a person in respect of whom the offence is alleged to have been committed (in this subsection referred to as "the relevant person"), or

(b) a support worker chosen by the relevant person,

to remain in court, where the relevant person gives evidence pursuant tosection 9A, for the duration of such evidence.]

(3)In any report of any such proceedings as aforesaid, no information relating to the criminal record of the person applying for bail shall be published in a written publication available to the public or be broadcast.

(4)If any matter is published or broadcast in contravention of subsection (3), the following persons, namely—

(a)in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b)in the case of any other publication, the person who publishes it, and

(c)in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence and shall be liable—

(i)on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(ii)on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 3 years or to both.

(5)In this section—

“a broadcast” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

F7["support worker" means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of crime.]

“written publication” includes a film, a sound track and any other record in permanent form (including a record that is not in a legible form but which is capable of being reproduced in a legible form) but does not include an indictment or other document prepared for use in particular legal proceedings.

(6)Where an offence under this section has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(7)Where the affairs of a body corporate are managed by its members, subsection (6) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

5. Payment of moneys into court, etc.

5.—(1)Where a court admits a person who is in custody to bail F8[the court may, having regard to the circumstances of the case, including the means of the person and the nature of the offence in relation to which the person is in custody, order that] the person shall not be released until—

(a)an amount equal to one third, or

(b)such greater amount as the court may determine,