As the Deputy is aware, restricting an accused person’s liberty prior to trial is a very serious matter, given the constitutional presumption of innocence and the presumptive entitlement to remain at liberty that flows from that.
In response to the Deputy, our bail legislation has been strengthened on several occasions. It now enables courts to refuse bail for a person charged with a serious offence to prevent the risk of a further serious offence being committed while on bail. It also provides for stricter bail terms for repeat serious offenders, including the use of curfews.
Additionally, it strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the judge may issue a bench warrant, giving An Garda Síochána the power to arrest and bring the person before the court to answer all charges relating to the bail. If a member of An Garda Síochána has reasonable cause to suspect that a person has breached, or is about to breach, a bail condition and it is necessary to prevent harm to, interference with, or intimidation of a victim or witness, they may arrest the person immediately without a warrant.
I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, and can assure the Deputy that all legislative provisions are kept under review.