The report completed by Mr Lorcan Staines SC ‘An Assessment of the Efficacy of Bail Laws in Ireland’ was published by my Department in November 2025. I would like to express my thanks to Lorcan Staines for his work in compiling this comprehensive report.
This examination of our bail laws and subsequent proposals underlines the need for additional actions to be considered to ensure the criminal justice system effectively mitigates against risks that may be associated with individuals on bail. A number of the recommendations are under active consideration or in progress across the Department.
Regarding the report’s recommendation that the "responsibility for the prosecution of offences should be removed from the Gardaí and all future Court proceedings should be conducted by legal professionals",
this was previously recommended by the Commission on the Future of Policing in Ireland (CoFPI). It was accepted in principle by the Government subject to a further evaluation of the implications, including resources.
That subsequent evaluation, which was undertaken by a ‘High-Level Review Group’ (HLRG), concluded that the CoFPI change was not appropriate and recommended instead, the implementation of what they termed the “Reform Model”.
A Summary Prosecution Reform Steering Committee was then established to drive forward the detailed design and implementation of the Reform Model. Under the Reform Model, the HLRG recommended that An Garda Síochána (AGS) retain responsibility for the conduct of prosecutions in court. The HLRG also recommended that the Director of Public Prosecutions (DPP) be supported in substantially enhancing quality assurance of the prosecution functions by AGS in the name of the DPP.
The work of the Steering Committee is ongoing and good progress has been made on the design and implementation of the new model.
