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Review of bail laws will consider introducing tougher new rules for offenders

Review of bail laws will consider introducing tougher new rules for offenders

People released on bail may also be electronically tagged as part of a pilot monitoring programme being rolled out this year.
The Government is understood to be concerned about not interfering with the independence of the courts and judges, who decide if bail can be granted, as well as the presumption of innocence.
The review will examine the entirety of the State's bail laws before making recommendations on poss­ible reforms.
It is expected that one of the recommendations may be removing bail for certain offences, but with a high threshold to be set on what those offences are, and what the conditions around them may be.
The court can refuse bail to an individual if it believes the chances are high that they will commit an offence while out on bail.
Those facing trial in the Special Criminal Court also cannot get bail unless the DPP has approved it.
Senior counsel Lorcan Staines, who has been tasked with carrying out the review, will report to the Government in September.
The review comes in the wake of the death of Evan Fitzgerald, who fired shots in a Carlow shopping centre and then took his own life.
He was on bail after having been detected trying to buy guns over the dark web.
In recent weeks, Justice Minister Jim O'Callaghan delivered a state apology to the family of hit-and-run victim Shane O'Farrell (23), who was killed in 2011 by a driver out on bail at the time.
We need more youth diversions programmes and more gardaí to avert potential crimes, but there also needs to be a more robust application of our bail laws
Data provided by the minister in response to questions from Sinn Féin justice spokesman Matt Carthy revealed there has been a 12pc rise in crimes committed by those on bail over the past two years.
It also showed that 64 crimes between 2022 and 2024 involving the possession of firearms were committed by people on bail.
Other statistics released to Mr Carthy over the same three-year period show 2,312 crimes involving possession of an offensive weapon were committed by those on bail.
In addition, 49 sexual assaults were committed by people on bail between 2022 and 2024.
The statistics also reveal that 40,348 crimes in 2024 were carried out by suspects who were out on bail.
Mr Carthy called for sweeping reform of bail laws, while acknowledging that issues such as the lack of prison space and the constitutional right to the presumption of innocence should be taken into account.
'People committing crimes while out on bail is a growing problem,' he said. 'We need more youth diversions programmes and more gardaí to avert potential crimes, but there also needs to be a more robust app­lication of our bail laws.'
The Sinn Féin TD said prison is not always the answer, especially considering Irish re-offending rates.
'A huge amount of our prison population comprises people serving short sentences. There is no societal benefit to that. There are a number of issues and it's not an easy problem to solve,' he added.
Meanwhile, a judge in Co Kildare said last Wednesday that he wanted to 'set the record straight' in relation to the case of Evan Fitzgerald.
Gardaí have their job to do, and if we feel someone should not be granted bail because they are a danger to the public or are a flight risk, we will object
District Court Judge Desmond Zaidan said it had been reported that Fitzgerald was on bail on firearms charges at the time of the shopping centre incident.
Judge Zaidan criticised the reporting and said while there were 'a lot of headlines about a man on bail', they omitted certain key things.
'Once gardaí consent to bail, the court cannot go beyond that. Remember that,' he told reporters.
'This judge — and no judge in Ireland — has the power to go behind that. They would be running to the High Court if I did. Once gardaí consent to bail, it must be granted. Amen.
'Please report sensibly. Please tread carefully,' he said. 'There are some sensational headlines out there about objections to bail, but my function ceased straight away, once there was consent to bail. I have to set the record straight.'
A security source pointed out that bail applications can be 'complex'.
Gardaí frequently object to bail at court hearings. It is a matter for the judge in each case to determine if it should be granted, and the person's constitutional rights must be taken into account, among a number of other factors.
'It is a tricky and complex situation,' a security source said.
'Gardaí have their job to do, and if we feel someone should not be granted bail because they are a danger to the public or are a flight risk, we will object.
'The judge has various factors they must take into account and gardaí understand the criminal justice system. The elephant in the room is that there isn't adequate space in the prison system.'

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