Bail II

Table of Contents

District Court Rules

Order 18

Procedure on Admitting to Bail

Order 18
[1. Admission to bail
Subject to rule 2, a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge in accordance with the Criminal Procedure Act 1967 and Bail Act 1997 to be a case in which bail ought to be allowed and if such person is granted bail, the Judge shall determine the amount (if any) conditioned by such bail and whether the bail shall be with or without a surety or sureties, the amount (if any) in which each surety (if any) shall be bound, and any other conditions of bail. The provisions of this Order which relate to the payment of money or the giving of security shall not apply where bail is allowed otherwise than conditioned on an amount of money. ]

2.
A person charged with any of the following offences shall not be admitted to bail except by order of the High Court:

(a) treason,

(b) an offence under section 2 and 3 of the Treason Act 1939,

(d) a grave breach such as is referred to in section 3(1)(i) of the Geneva Conventions Acts 1962,

(e) an offence under section 9 of the Official Secrets Act 1963 or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State,

(f) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact,

(g) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 or 8 of the International Criminal Court Act 2006,

(h) an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000,

(i) the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence,

(j) the offence of killing or attempted killing under paragraph (h) or (j) of section 2(1) of the Maritime Security Act 2004,

(k) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence,

(l) an offence under section 71, 71A, 72 or 73 of the Criminal Justice Act 2006. ]

[3. Sufficiency of sureties
Before taking a recognizance the Court shall in every case satisfy itself as to the sufficiency and suitability of any person proposed to be accepted as a surety for the purpose of bail.]

Amendment History
As substituted by art.5(a) of the District Court (Criminal Justice) Rules 2001 (S.I. No 194 of 2001) with effect from October 1, 2001.

4.
Refusal of bail at a particular appearance before the Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial.

[5. Release on completion of recognizance
(1) Where a court admits a person who is in custody to bail the person shall not be released until there has been paid into court such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.

(2)

(a) Where a court admits a person to bail, the Court may, in lieu of the payment of moneys into court by the person or, where a surety or sureties are required by the Court, by his or her sureties, accept as security such instrument which is evidence of the title of a person to property (other than land or any estate, right or interest in or over land) as it considers adequate.

(b) Where a bank, building society, credit union or post office deposit book is accepted as security by a court, the Court shall make an order directing the bank, building society or credit union concerned or An Post as the case may be, not to permit the moneys on deposit to be reduced below:

(i) an amount equal to the amount required to be paid into court, or

(ii) the amount then on deposit,

whichever is the lesser.

(c) An order made under section 5(2) (b) of the Bail Act, 1997 shall be in the Form 18.9[, Schedule B] and shall be served by the Clerk on the relevant bank, building society, credit union or An Post by prepaid ordinary post.

(d) Where the Court makes an order as aforesaid the instrument shall be held in the custody of the District Court Clerk until the order is discharged.

[(3) Where the Court decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail be accepted in lieu of such surety or sureties. Such sum is additional to any amount specified in accordance with rule 1. Where under the Criminal Procedure Act 1967 or the Bail Act 1997 any moneys are required to be paid into Court under a recognizance by a person in custody, or by any surety or sureties as a condition of that recognizance, or any security accepted in the court in lieu of such payment is required to be lodged in Court, such moneys so payable or such security so accepted by the Court may be paid into Court or lodged in Court in accordance with section 5(5) of the Bail Act 1997 by payment to or lodgment with:

(a) a Judge of the District Court,

(b) a District Court Clerk,

(d) the Governor of a prison, or

(e) a prison officer designated for that purpose by the Governor of a prison in accordance with section 22(3) of the Criminal Procedure Act 1967,

taking the recognizance of that person or surety for and on behalf of the District Court Clerk for the District Court Area in which the order admitting to bail was made.

(4) On lodgment of the required sums or security with—

(a) the Clerk of the court area in which the order admitting to bail was made, or

(b) a person mentioned in sub-rule (3) with whom such lodgment is deemed to be a payment into court,

and on completion of the recognisance in the Form 18.1, 18.2, 18.2A, 18.2B or 18.3 as appropriate, the person shall be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.

(5) The Clerk or person mentioned in sub-rule (3) receiving such moneys shall issue a receipt for each lodgment and shall complete the certificate of such lodgment on the recognisance.]

(6) The Court shall direct that a copy of the recognizance containing the conditions of the recognizance be given to the accused person and to any surety or sureties.]

6. Acceptance of deposit in lieu of sureties
Where a Judge decides to admit to bail a person charged with an offence he or she may direct that a sum of money equivalent to the amount of bail be accepted in lieu of a surety or sureties and such person shall be released on the lodgment of the said sum of money with:

(a) the Clerk of the court area in which the order admitting to bail was made, or

(b) the Governor of the prison wherein the accused is in custody,

as the case may be, unless such person is in custody for a cause other than the offence in respect of which bail is granted.

Provided that before being released such person shall himself or herself enter into a recognizance (Form 18.3 or 18.4, Schedule B as the case may be) in the amount in which it shall have been determined that he or she shall be bound, and the Clerk or Governor receiving such money shall issue a receipt for it and shall complete the certificate of such lodgment on the recognizance.

[7.
A person mentioned in rule 5(3) shall deposit any money received by him in accordance with rule 5 with the Clerk of the court area in which is situate the Court before which such person is to appear.]

[8.
Where the recognizance is conditioned for the appearance of such person before a Court other than a sitting of the District Court the money shall be deposited by the Clerk or person mentioned in rule 5(3) receiving it with the appropriate County Registrar or the appropriate officer of the Central Criminal Court or the Special Criminal Court as the case may be. ]

[9.
The Clerk or person mentioned in rule 5(3), as the case may be, shall give a receipt for the money lodged to the party entering into the recognizance.]

[10. Repayment of monies lodged
(1) Where a person charged with an offence is admitted to bail by a court and—

(a) he or she is discharged in relation to that offence,

(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or

(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty,

and if all of the conditions of any recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order (Form 18.6) discharging the recognisance, directing that the amount of any moneys paid into court by any person in connection therewith shall be repaid to the person, discharging any order made under section 5(2) of the Bail Act 1997 and releasing any security accepted by the court under that subsection.

(2) Where the Court makes an order discharging a direction under section 5(2)(b) of the Bail Act 1997, the clerk shall serve a copy of said order in the Form 18.10 by prepaid ordinary post on the relevant bank, building society or credit union or An Post.]

Rule 10 substituted by art.6(vi) of the District Court (Criminal Justice Act 2007) Rules 2008 (S.I. No. 41 of 2008) with effect from March 19, 2008

11. Consent to bail on committal warrant
Where a recognisance is not perfected forthwith the Judge may certify on the committal warrant a consent to such person being bailed, stating the amount (if any) of bail required.

12. Where person committed to prison without bail—bail may subsequently be granted
Where on remand or on sending forward for trial or sentence a person is committed to prison without bail the Judge may, at any time prior to the day of the adjourned hearing or the first day of the sittings of the Court to which such person has been sent forward for trial or sentence, determine that such person be admitted to bail, and may by body warrant (Form 18.7, Schedule B) cause such person to be brought before him or her for the purpose of being so admitted to bail, or by certificate (Form 18.8, Schedule B) signify to the governor of the prison his or her consent to bail, stating the amount of bail required.

13. Peace Commissioner may admit to bail in prison
Where a certificate of consent to bail is granted, [a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act 1967 of the prison] wherein the person is in custody shall, on production of the certificate, admit such person to bail as directed by the certificate, at any time before the day of the adjourned hearing if such person is on remand or before the first day of the sittings of the Court before which such person is to be tried or sentenced if he or she has been sent forward for trial or sentence.

]

14. Taking recognizance of sureties unable to attend
Whenever it is not convenient for a surety to attend at the prison wherein the person is in custody to join with that person in the recognizance then a Judge, peace commissioner or District Court Clerk may take the recognizance and shall then cause it to be forwarded to the Clerk of the court area wherein the order committing the person was made. Such Clerk shall transmit the recognizance of the surety to the Governor of the prison wherein the person is in custody and thereupon [a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act 1967 of the prison] may (upon production of the recognizance already taken from the surety) take the recognizance of such person and admit him or her to bail.

15. Governor to release person on completion of recognizance
Where [a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act 1967 of the prison] admits to bail a person there in custody, and in respect of whom a certificate of consent to bail has been granted, the Governor shall thereupon release such person unless he or she is in custody for a cause other than the offence in respect of which bail is granted.

16. Transmitting recognizance to Clerk
A recognizance taken by [a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act 1967 of the prison] shall be transmitted to the Clerk of the Court before which the person is bound by the recognizance to appear.

17. Provisions to apply to witness
The provisions of this Order shall, with any necessary adaptations, apply to a witness who is granted bail or is remanded in custody with of without consent to bail.

18. May be taken at any time
A recognizance of an accused and of the sureties [,] if any, under this Order may be taken on any day and at any time.

Order 19

Remands by the Court

Order 19
[1. Remand by the Court
Where an accused person is before the Court in connection with an offence the Court may remand the accused from time to time as occasion requires and as provided for in section 24 of the Criminal Procedure Act, 1967 (as amended by section 8 of the Courts (No. 2) Act, 1986 and as substituted by section 4 of the Criminal Justice (Miscellaneous Provisions) Act, 1997) and section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997. Where the remand is in custody the warrant of committal shall be in accordance with Form 19.1, Schedule B.]

[2. Period of first remand by the Court
(1) The Court shall not remand a person, on the occasion of that person’s first appearance before the Court charged with a particular offence, for a period exceeding eight days, except where this Order otherwise provides.

(2) Where the Court remands a person on bail, it may remand that person for a longer period than eight days if he or she and the prosecutor consent.

(3) Where the Court remands a person in custody (other than on the occasion of that person’s first appearance before the Court charged with a particular offence) it may remand such person for a period not exceeding [15] days, save that where the Court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of [15] days, the period of remand shall be such period of less than [15] days as the Court considers appropriate.

(4) Where the Court remands a person in custody (other than on the occasion of such person’s first appearance before the Court charged with a particular offence), it may remand such person for a period exceeding [15] days but not exceeding [30] days, if the person and the prosecutor consent.

[(5)

(a) If the Court is satisfied that a person who has been remanded in custody is unable to be brought before the Court at the expiration of the period of remand—

(i) by reason of illness or accident, or

(ii) for any other good and sufficient reason,

the Court may, in the person’s absence, remand that person for such further period, which may exceed fifteen days, as the Court considers reasonable. The warrant of committal shall be in accordance with Form 19.2, Schedule B.]

(6)

(a) Where there is no sitting of the Court on the day to which a person is remanded in custody, such person shall stand so remanded to the sitting of the Court next held in the same District Court district, and the Clerk shall forthwith transmit to the Governor of the prison or the person in charge of the remand institution where such person is detained a certificate in the Form 19.3, Schedule B informing him or her of the time, date and place of such next sitting.

(b) Where there is no sitting of the Court on the days to which a person is remanded on bail, such person shall stand so remanded to the sitting of the Court next held in the same District Court area.]

Sub-rule (5) substituted by art.2(i) of the District Court (Criminal Procedure Act 2010) Rules 2011 (S.I. No. 585 of 2011) with effect from December 10, 2011.

3. Committal to custody of Garda Síochána
(1) The Court may, where it remands a person in custody for a period not exceeding four days, commit such person (Form 19.4, Schedule B) to the custody of a member of the Garda Síochána.

(2) Outside the Dublin Metropolitan Police District the Court, before so remanding such person shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand.

4. Person remanded in custody may be brought before the Court before expiration of period
Where a person has been remanded in custody the Judge may, if it is expedient in the interests of fair procedure by warrant (Form 18.7, Schedule B) order such person to be brought before him or her at any time before the expiration of the period for which such person has been so remanded, for the further hearing of the charge.

5. Persons on bail—hearing may be brought forward
Where a person is remanded on bail to appear at a specified time and place, the Judge may at any time order such person to appear before him or her at any time prior to the date of the adjourned hearing, and either at the specified place or at any other place, for the further hearing of the charge, and the Clerk shall notify the prosecutor and that person accordingly.

6. [Remands under s.5 of the 1997 Act]
(1) Where the Court before which a person first appears charged with a particular offence, in exercise of the powers conferred by section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, remands that person in custody to appear at a sitting of the District Court (“alternative court”) in the District Court district in which the prison or place of detention where he or she is to be held in custody is situated or a District Court district adjoining the first-mentioned District Court district, the warrant shall be in accordance with Form 19.1, Schedule B.

(2) Where the alternative court remands a person referred to in paragraph (1) of this rule in custody, the warrant shall be in accordance with Form 19.1, Schedule B.

[(3) Where, under the powers conferred by subsection (3) of section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, the alternative court remands a person for the purpose of the trial of that person to a sitting of the court in the District Court district:

(i) in which the offence to which the trial relates was committed, or

(ii) in which the person resides or was arrested,

the warrant shall be in accordance with Form 19.1, Schedule B.]

Rule 7 heading amended by art. 2(i) of the District Court (Amendment) Rules 2016 (S.I. No. 149 of 2016) with effect from 3 May 2016.

Order 20 [

Arrest of Persons in Contravention of Conditions of Bail Recognizances

Order 20
1. Arrest of person about to contravene condition of recognizance
(1) Where a person charged with an offence is admitted to bail by a court on his or her entering into a recognizance with or without a surety or sureties, the Court may, on the application to it in that behalf by a surety or sureties of the accused person or of a member of the Garda Síochána and upon information (Form 20.1, Schedule B) being made in writing and on oath by or on behalf of such surety or member that the accused is about to contravene any of the conditions of the recognizance, issue a warrant (Form 20.2, Schedule B) for the arrest of the accused person.

(2) When arrested the accused shall, as soon as practicable, be brought before the court that made the order directing that the recognizance be entered into.

(3) Where a person is brought before a court as aforesaid the Court may commit the person to prison to await his or her trial or until he or she enters a fresh recognizance or, if he or she is on remand, further remand him or her. (Form 20.3, 20.4 or 20.5, Schedule B).

2. Arrest of person who has contravened condition of recognizance
(1) Where a person charged with an offence is admitted to bail by a court on his or her entering into a recognizance with or without a surety or sureties, the Court may, on the application to it in that behalf by a member of the Garda Sáochána and upon information (Form 20.6, Schedule B) being made in writing and on oath by or on behalf of such member that the accused has contravened any of the conditions of the recognizance, issue a warrant (Form 20.7, Schedule B) for the arrest of the accused person.

(2) When arrested the accused shall, as soon as practicable, be brought before the court that made the order directing that the recognizance be entered into.

(3) Where a warrant is issued under [section 9(4) of the Bail Act 1997] the accused and any surety or sureties shall remain bound by their recognizances and any money paid into court in connection therewith shall not be released before the conclusion of any proceedings under that section.]

3. [Arrest without warrant: section 6(10) of the Bail Act 1997
A person who is arrested without a warrant in accordance with section 6(10) of the Bail Act 1997 shall, as soon as practicable, be brought before the Court that made the order directing that the recognisance be entered into.]

Order 21

Attendance of Witnesses and Securing Evidence

[Order 21
1. Attendance of witness may be procured by summons
(1) Any party desiring the attendance of any person to give evidence or to produce any accounts, papers, documents or things to the Court, may apply for, and the Judge, Clerk or a Peace Commissioner may issue, a witness summons (Form 21.1, Schedule B) requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein.

—Court may order issue of summons

(2) In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of the same, and on such application the Court may issue or direct the issue of the summons or otherwise deal with the matter in such manner as to it shall seem just.

—signing and service of summons

(3) Such summons shall be signed by the Judge, Clerk or Peace Commissioner issuing it, and with it there shall also be issued a copy for service upon each person to whom it is directed, and such copies shall be served at least three clear days before the date fixed for the hearing of the complaint.

—service effective in any part of State

(4) Such summons may be served in any part of the State and upon service being effected, the witness shall be as effectively bound thereby as if he or she resided within the area of jurisdiction for issuing summonses of the Judge, Clerk or Peace Commissioner who issued it.

—failure to attend or evading service—warrant may issue

(5) Where a person to whom such summons is directed fails to attend at the time and place appointed and no just excuse is offered for such failure, then upon proof in the manner provided by these Rules that such summons was duly served upon such person, or upon an information (Form 21.2, Schedule B) being made that such person is evading service and that he or she is able to give evidence in the case, the Judge before whom the complaint is to be heard may issue a warrant (Form 21.3 or 21.4, Schedule B) for his or her arrest.

—warrant may issue instead of summons

(6) Where a Judge is satisfied by Information (Form 21.5, Schedule B) made on oath and in writing that it is probable that a person who is able to give evidence in a case will not attend to give evidence without being compelled to do so, he or she may issue a warrant (Form 21.6, Schedule B) for the arrest of such person.

procedure on arrest

(7) When arrested, any such person shall be brought forthwith before the said Judge, or before another Judge having jurisdiction in such Judge’s district, and the Judge shall remand him or her either in custody or on bail, until the hearing of the said complaint; and if remanded on bail, it may be made a condition of the recognizance that he or she shall bring with him or her and produce at the time and place at which he or she is bound to attend all such accounts, papers, documents or things as aforesaid.

2. Refusal to give evidence
(1) Where a person attends as a witness, either in obedience to a summons or by virtue of a warrant or is present in Court and is required to give evidence, and refuses to be examined upon oath, or refuses to answer lawful questions then put to him or her, or refuses to produce any accounts, papers documents or things (without offering any just excuse for such refusal), the Judge may adjourn the proceedings to the same or any other court in his or her district for any period not exceeding eight days, and may by warrant (Form 21.7, Schedule B) commit the said witness to prison until the time of such hearing. If such witness, upon being brought up upon such adjourned hearing, again refuses to be sworn, or to testify as aforesaid, or to produce such accounts, papers, documents or things as aforesaid, as the case may be, the Judge may again adjourn the proceedings and commit the witness in like manner, and so again from time to time until he or she consents to be sworn or to testify as aforesaid, or to produce such accounts, papers, documents or things, as the case may be, (provided that no such imprisonment shall in any case of summary or civil jurisdiction exceed one month in the whole). In proceedings under the Customs Acts such witness shall, in addition, for every such refusal as aforesaid forfeit such sum not exceeding [20] pounds as the Judge shall think fit, and the Judge shall cause a record of any such fine to be made in the minute book or charge sheet as the case may be.

(2) Nothing herein contained shall prevent the Judge from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other evidence received.

[3.
(1) In this Order, “the Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008).

(2) An application to a Judge of the District Court to issue a letter of request under section 62(1), section 67(2), section 73(1) or section 77(1) of the Act of 2008 shall—

(a) where the application concerns proceedings already instituted against a person, be made, unless the Judge otherwise directs or permits, by notice of application in the Form 21.8, Schedule B, returnable to the date specified on the summons or the date on which the person charged is next scheduled to be before the District Court, and, unless the Judge otherwise directs or permits, the notice of application shall be lodged with the Clerk and a copy served on the prosecutor or the person charged, as the case may be, not later than two days before such date;

(b) in any other case, be made ex parte at any sitting of the Court by notice of application in the Form 21.8, Schedule B.

(3) The Judge may, before making an order on such an application, require the applicant to produce, or lodge with the Clerk, for consideration by the Judge a completed draft of the form of letter of request containing the information required by the Act of 2008 to be included in such letter.

(4) Where an order is made under this rule, the order may include such further provisions as the Judge of the District Court considers necessary or appropriate to facilitate the taking of any evidence concerned.

4.
A certificate in accordance with section 58(1)(b) of the Act of 2008 shall be in the Form 21.9, Schedule B. Such certificate shall be issued by the Clerk on receipt of a letter from the Director of Public Prosecutions, or an officer or solicitor of the Director duly authorised in that behalf, requesting such certificate.

5.
Every application for leave to issue and serve a document in accordance with section 80 of the Act of 2008 shall be made ex parte and be supported by oral evidence, and there shall be produced on such application a draft of the document proposed to be issued and served (which draft shall as to its contents be in compliance with section 80(4) of the Act of 2008) and any translation required under subsections (2) and (3) of section 80 of the Act of 2008. The application shall also be supported by evidence identifying the other state in which the person proposed to be served is believed to be, any information available to the applicant as to the whereabouts of the person intended to be served, and any other information necessary for enabling the Court to exercise its discretion in accordance with section 80.]

Order 22

Procedure on Accused’s Failure to Appear

Order 22
1. Failure to appear—on summons or evading service
Where a summons is issued requiring the appearance before the Court of a person against whom a complaint has been made or an offence has been alleged and such person fails to appear at the required time and place or at any adjourned hearing of the matter, and it is proved to the Judge there present that such person has been served with the summons, or where at any time either before or after the date on which such person is required by the summons to appear an information, in the Form 22.1, Schedule B, is made that he or she is evading service or is about to abscond or has absconded, the Judge may issue a warrant, in the Form 22.2, Schedule B, for the arrest of such person.

2. —after release or remand on bail
Where:

(a) a person who has been arrested and charged with an offence is released on bail by recognizance by a member of the Garda Síochána for his or her appearance before a sitting of the Court at a time on a date and at a place specified in the recognizance or

(b) an accused person is before the Court in connection with an offence and, on being remanded, is admitted to bail by recognizance for his or her appearance before a subsequent sitting of the Court (either in the same or another place),

and that person, having entered into the recognizance, fails to appear at a time on a date and at a place at or on which he or she was bound by the recognizance to appear, the Judge then and there sitting may, on production of the recognizance to him or her, issue a warrant, in the Form 22.3, Schedule B, for the arrest of that person.

3. —in a case of summary jurisdiction Court may adjourn and notify defendant
Where a summons has been issued under section 11 (2) of the Petty Sessions (Ireland) Act, 1851 or section 1 of the Courts (No. 3) Act, 1986 and served upon the person to whom it is directed by a means of service provided for in section 22 (1) of the Courts Act, 1991 and that person neither appears at the time and place specified in the summons nor at the hearing of the complaint or accusation to which the summons relates, and the Court, considering it undesirable in the interests of justice, because of the gravity of the offence or otherwise, to continue the hearing in the absence of the person, adjourns the hearing pursuant to section 22 (4) of the said Act of 1991 to enable the person to be notified of the adjourned hearing, the Clerk shall, unless the Court otherwise directs, issue and serve or cause to be served upon that person a notice in the Form 22.4, Schedule B. Service shall be effected at least [14] days prior to the date of the adjourned hearing and in such manner as the Court shall direct. The original notice, with the details of service endorsed thereon, shall be retained by the Clerk and produced to the Court at the adjourned hearing.

4. —where defendant claims not to have received summons
Where, in any case to which rule 3 hereof relates, the Court has proceeded to hear the complaint or accusation to which the summons relates and the defendant, having failed to appear at the said hearing, subsequently claims not to have received the summons or notice of the said hearing, such defendant may make application, as provided for in Order 10, rule 23 of these Rules, to have the proceedings set aside.

[5.
A single warrant may be issued under this Order in respect of several failures to appear referred to in rules 1 and 2. Any [such] warrant issued under this Order shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the failure or failures to appear referred to in rules 1 and 2.]

CRIMINAL PROCEDURE ACT 1967

PART III

Remand

Annotations:

Modifications (not altering text):

C32
Part applied with modifications (5.02.2021) by Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (21/2020), s. 11(6), S.I. No. 15 of 2021.

Power of court to make supervision decision

11. …

(6) (a) Subject to subsection (3), where bail is granted under subsection (2) by the District Court, Part III of the Act of 1967 shall, with all necessary modifications, apply to such bail as that Part applies to bail granted under section 22 of that Act.

(b) An appeal may be made under section 28(3)(a) of the Act of 1967 against—

(i) a refusal by the District Court to make a supervision decision under subsection (2), or

(ii) the supervision measures specified in a supervision decision made under subsection (2).

Power to remand.

21.—Where an accused person is before the District Court in connection with an offence the Court may, subject to the provisions of this Part, remand the accused from time to time as occasion requires.

Remand in custody or on bail by the District Court.

22.—(1) Where the District Court remands a person or sends him forward for trial or sentence, the Court may—

(a) commit him to prison or other lawful custody, or

(b) release him conditionally on his entering into a recognisance, with or without sureties.

In this Part, references to “custody” are to a committal under paragraph (a) and references to “bail” are to a conditional release under paragraph (b).

F57[(1A) The Court may admit a person to bail without imposing a condition in the recognisance as to payment of moneys into court by the person if it considers it appropriate to do so, 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.]

F58[(1B) A recognisance to which subsection (1) applies may be taken by—

(a) any judge of the District Court, or

(b) any District Court clerk.]

F59[(2) The Court may, instead of taking a recognisance from a person in accordance with subsection (1)—

(a) determine the conditions to be contained in the recognisance, including the amount of any moneys to be paid into court under it, with a view to its being subsequently taken, and

(b) in the meantime commit the person concerned to custody in accordance with paragraph (a) of that subsection. ]

F60[(3) A recognisance to which subsection (2) applies may be taken by—

(a) any judge of the District Court,

(b) any District Court clerk,

(d) the governor of a prison, or

(e) a prison officer designated for that purpose by the governor of a prison.]

(4) Where a person is brought before the Court after remand under subsection (1) the Court may further remand him.

F61[(5) In this section ‘prison’ has the same meaning as it has in the Prisons Act 2007.]

Annotations

Amendments:

F57
Inserted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 18(a), S.I. No. 236 of 2007.

F58
Inserted (4.12.2009) by Courts and Court Officers Act 2009 (36/2009), s. 25, S.I. No. 477 of 2009.

F59
Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 18(b), S.I. No. 236 of 2007.

F60
Substituted (25.10.2007) by Criminal Procedure (Amendment) Act 2007 (36/2007), s. 1(a), commenced on enactment.

F61
Inserted (25.10.2007) by Criminal Procedure (Amendment) Act 2007 (36/2007), s. 1(b), commenced on enactment.

Editorial Notes:

E22
Previous affecting provision: words inserted into subs. (3) (1.05.2007) by Prisons Act 2007 (10/2007), s. 41(2), S.I. No. 10 of 2007;substituted as per F-note above.

E23
Previous affecting provision: subs. (3) substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 18(b), S.I. No. 236 of 2007; substituted as per F-note above.

Form of recognisance.

23.—(1) Where a person is remanded on bail under section 22 the recognisance shall be conditioned for his appearance before the Court at the end of the period of remand and at every place and time to which during the course of the proceedings the hearing may be adjourned.

(2) The fixing at any time of the time for the next appearance shall be deemed to be a remand.

(3) Nothing in subsection (1) or (2) shall deprive the Court of power at any subsequent hearing to remand him afresh.

Period of remand.

F62[24.— (1) The Court shall not remand a person, on the occasion of that person’s first appearance before the Court charged with a particular offence, for a period exceeding eight days, except where this section otherwise provides.

(2) The Court may remand a person on bail for a period that is longer than eight days if the person and the prosecutor consent.

(3) The Court may remand a person in custody (other than on the occasion of that person’s first appearance before the Court charged with a particular offence) for a period not exceeding fifteen days, save that where the Court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of fifteen days, the period of remand shall be such period of less than fifteen days as the Court considers appropriate.

(4) The Court may remand a person in custody (other than on the occasion of that person’s first appearance before the Court charged with a particular offence), for a period exceeding fifteen days but not exceeding thirty days, if the person and the prosecutor consent.

(5) F63[(a) If the Court is satisfied that a person who has been remanded in custody is unable to be brought before the Court at the expiration of the period of remand—

(i) by reason of illness or accident, or

(ii) for any other good and sufficient reason,

the Court may, in that person’s absence, remand the person for such further period, which may exceed fifteen days, as the Court considers reasonable. ]

(b) If the Court is satisfied that a person who has been remanded on bail is unable by reason of illness or accident to appear before the Court at the expiration of the period of remand, the Court may, in that person’s absence, remand that person for such further period, which may exceed eight days, as the Court considers reasonable.

(6) (a) Where a person has been remanded in custody and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court District.

(b) Where a person has been remanded on bail and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court Area.]

Annotations

Amendments:

F62
Substituted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 4, commenced as per s. 21.

F63
Substituted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 37(c), S.I. No. 414 of 2010.

Editorial Notes:

E24
Previous affecting provision: subs. (5) substituted (12.07.1986) by Courts (No.2) Act 1986 (26/1986), s. 8(2), commenced on enactment; substituted as per F-note above.

Remand to custody of Garda Síochána.

25.—(1) The Court may, where it remands a person in custody for a period not exceeding four days, commit him to the custody of a member of the Garda Síochána.

(2) Outside the Dublin Metropolitan Police District the Court, before so remanding him, shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand.

Acceptance of deposit in lieu of sureties.

26.—Where a justice of the District Court F64[…] decides to admit to bail a person charged with an offence, he may direct that a sum of money equivalent to the amount of bail be accepted in lieu of a surety or sureties.

Annotations

Amendments:

F64
Deleted (15.05.2000) by Bail Act 1997 (16/1997), s. 11(a), S.I. No. 118 of 2000.

Sufficiency of bailsmen.

27.—F65[…]

Annotations

Amendments:

F65
Repealed (15.05.2000) by Bail Act 1997 (16/1997), s. 12, S.I. No. 118 of 2000.

Provisions as to admission to bail.

28.—(1) A justice of the District Court F66[…] shall admit to bail a person charged before him with an offence, other than an offence to which section 29 applies, if it appears to him to be a case in which bail ought to be allowed.

(2) Refusal of bail at a particular appearance before the District Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial.

F67[(3) (a) An applicant for bail or the prosecutor may appeal to the High Court if dissatisfied with a refusal or grant of the application for bail or, where bail is granted, with any matter relating to the bail. ]

(4) When a justice F68[…] grants bail to an accused person who is in custody that person shall, on completion of the recognisance, be released if he is in custody for no other cause than the offence in respect of which bail is granted.

Annotations

Amendments:

F66
Deleted (15.05.2000) by Bail Act 1997 (16/1997), s.11(b)(i), S.I. No. 118 of 2000.

F67
Substituted (1.05.2009 para. (a) only) by Criminal Justice Act 2007 (29/2007), s. 19, commenced as regards s. 28(3)(a) by Criminal Justice Act 2007 (Commencement) Order 2009 (S.I. No. 165 of 2009), but not commenced as regards subs. (3)(b)-(d) as of 7.05.2013.

F68
Deleted (15.05.2000) by Bail Act 1997 (16/1997), s. 11(b)(ii), S.I. No. 118 of 2000.

Modifications (not altering text):

C33
Subs. (3)(b), (c) and (d) inserted by Criminal Justice Act 2007 (29/2007), s. 19, not commenced as of 7.05.2013.

F67[(3) (a) …

(b) Where the applicant has been remanded in custody by the District Court and the offence with which the applicant is charged is triable by the Circuit Court, the High Court may transfer the appeal to the judge of the Circuit Court for the circuit in which the prison or place of detention to which the applicant has been remanded is situated.

(d) An appeal against a decision by the Circuit Court under this section lies to the High Court at the instance of the applicant or prosecutor.]

Editorial Notes:

E25
Subs. (3) was substituted by the Criminal Justice Act 2007 (29/2007), s. 19. However, only subs.(3)(a) is commenced (see F-note above). This would appear to be sufficient to give effect to the substitution.

Bail in case of treason, murder and certain other offences.

29.—(1) This section applies to each of the following offences—

(a) treason,

(b) an offence under section 2 or 3 of the Treason Act, 1939,

(d) a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962,

(e) an offence under section 9 of the Official Secrets Act, 1963, or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State,

(f) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact.

F69[(g) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 or 8 of the International Criminal Court Act 2006.]

F70[(h) an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000.]

F71[(i) the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence.]

F72[(j) the offence of killing or attempted killing under paragraph (h) or (j) of section 2(1) of the Maritime Security Act 2004.]

F73[(k) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence.]

F74[(l) an offence under section 71, F75[71A,] 72 or 73 of the Criminal Justice Act 2006.]

(2) A person charged with an offence to which this section applies shall not be admitted to bail except by order of the High Court.

(3) If in the course of proceedings, including proceedings on appeal, in relation to the grant of bail to a person charged with an offence under paragraph (a), (b), (c) or (e) of subsection (1), application is made by the prosecutor, on the ground that the publication of any evidence or statement to be given or made during any part of the hearing would be prejudicial to the safety or preservation of the State, that that part of the proceedings should be in camera, the Court shall make an order to that effect, but the decision of the Court shall be announced in public.

Annotations

Amendments:

F69
Substituted (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 66 and sch. para. 3(5)(b), commenced on enactment.

F70
Inserted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000), s. 8(b), commenced on enactment.

F71
Inserted (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000), s. 7(b), commenced on enactment.

F72
Inserted (19.07.2004) by Maritime Security Act 2004 (29/2004), s. 10(b), commenced on enactment.

F73
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 59(b), commenced on enactment.

F74
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 78(b), S.I. No. 390 of 2006.

F75
Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 17(b), commenced on enactment.

Editorial Notes:

E26
Previous affecting provision: subs. (1)(g) inserted (18.12.1973) by Genocide Act 1973 (28/1973), s. 7, commenced on enactment; substituted by F-note above.

Endorsement on warrants as to release on bail.

30.—F76[…]

Annotations

Amendments:

F76
Repealed (15.05.2000) by Bail Act 1997 (16/1997), s. 12, S.I. No. 118 of 2000.

Release on bail in certain cases by members of Garda Síochána.

[1951, s. 14].

31.—F77[(1) Whenever a person is brought in custody to a Garda Síochána station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he considers it prudent to do so and no warrant directing the detention of that person is in force, release him on bail and for that purpose take from him a recognisance, with or without sureties, for his due appearance—

(a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or

(b) in the case of the District Court in the Dublin Metropolitan District, before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.]

(2) The recognisance may be estreated in the like manner as a recognisance entered into before a justice is estreated.

F78[(3) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.]

F79[(3A) Any recognisance taken under this section, or any sum of money accepted under this section in lieu of a surety or sureties, shall be given, by the member of the Garda Síochána taking the said recognisance or receiving the said sum of money, to the District Court clerk for the District Court Area in which the sitting of the Court to which the person has been remanded is situated.]

(4) This section does not apply to a person arrested under section 251 of the Defence Act, 1954, on suspicion of being a deserter or an absentee without leave from the Defence Forces.

F80[(5) The provisions of this section are without prejudice to the provisions of section 94 of the Children Act, 1908.]

Annotations

Amendments:

F77
Substituted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 3(a), commenced as per s. 21.

F78
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 20, S.I. No. 236 of 2007.

F79
Inserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 3(c), commenced as per s. 21.

F80
Inserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 3(d), commenced as per s. 21.

Modifications (not altering text):

C34
Application of section extended under certain conditions by Criminal Justice (Public Order) Act 1994 (2/1994), s. 23B(2) as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 184, S.I. No. 390 of 2006.

Fixed charge offences.

23B.— …

(2) Where—

(a) a person to whom this section applies is arrested and brought to a Garda Síochána station, and

(b) he or she is a person whom the member of the Garda Síochána in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail,

the member may, instead of releasing the person on bail, release him or her unconditionally after serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served.

…

C35
Application of section to children excluded (1.05.2002) by Children Act 2001 (24/2001), ss. 68 and 254(3), S.I. No. 151 of 2002.

Release on bail by member of Garda Síochána.

68.— …

(7) Section 31 (which deals with release on bail by members of the Garda Síochána) of the Criminal Procedure Act, 1967, shall cease to have effect in relation to a child.

…

Powers of arrest without warrant, etc.

254.— …

(3) Section 68 (which empowers members of the Garda Síochána to release a child on bail in certain cases) shall apply to a child arrested under this section and section 31 of the Act of 1967 shall apply to an adult so arrested.

…

Editorial Notes:

E27
Previous affecting provision: the second sentence of subs. (3) was deleted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 3(b), commenced as per s. 21; substituted as per F-note above.

Proceedings to estreat recognisance.

32.—Where a person has failed to appear before a court in accordance with his recognisance, any proceedings to estreat the recognisance shall be taken in that court.

Arrest of accused about to abscond.

33.—F81[…]

Annotations

Amendments:

F81
Repealed (15.05.2000) by Bail Act 1997 (16/1997), s. 12, S.I. No. 118 of 2000.

Editorial Notes:

E28
Previous affecting provision: words “or a peace commissioner” deleted (15.05.2000) by Bail Act 1997 (16/1997), s. 11(c), S.I. No. 118 of 2000.

BAIL ACT 1997

REVISED

Updated to 1 November 2023

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO BAIL, TO AMEND THE CRIMINAL PROCEDURE ACT, 1967, AND TO PROVIDE FOR RELATED MATTERS. [5th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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 of sections 6B and 6C;]

“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.

Annotations

Amendments:

F1
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 5, S.I. No. 236 of 2007.

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 to subsections (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;

(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 in subsection (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 with subsection (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 under subsection (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 under subsection (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) of section 4 applies in relation to the hearing of evidence in relation to the statement and subsections (4) to (7) of that section apply in relation to a contravention of subsection (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,

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

Annotations

Amendments:

F2
Inserted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 6, S.I. No. 236 of 2007. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E1
The section heading is taken from the amending section in the absence of one in the amendment.

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 under subsection (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,

(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 the Misuse 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 in subsection (2) in exercising its jurisdiction under subsection (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 in subsection (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 in subsection (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 of section 1 of 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

(i) has convictions for not less than 2 relevant offences (other than a conviction for a relevant offence referred to in paragraph (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 in paragraph (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 in paragraph (a), and

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

(iii) has a conviction for a relevant offence (other than a conviction for a relevant offence referred to in paragraph (b)) and is charged with, and is awaiting trial for, a relevant offence (other than the relevant offence referred to in paragraph (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 in paragraph (a), and

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

(2C) A reference in subsection (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 in subsection (2B)(b) shall be taken to prejudice the operation of section 258 of the Children 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

“relevant offence” means an offence under section 12 or 13 of the Criminal Justice (Theft and Fraud Offences) Act 2001.]

Annotations

Amendments:

F3
Substituted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 5, S.I. No. 359 of 2017.

F4
Inserted (17.01.2016) by Criminal Justice (Burglary of Dwellings) Act 2015 (56/2015), s. 1(a), S.I. No. 15 of 2016.

F5
Inserted (17.01.2016) by Criminal Justice (Burglary of Dwellings) Act 2015 (56/2015), s. 1(b), S.I. No. 15 of 2016.

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 under section 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 under subsection (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 under subsection (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) of section 4 applies in relation to the hearing of the evidence of the member and subsections (4) to (7) of that section apply in relation to a contravention of subsection (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.]

Annotations

Amendments:

F6
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 7, S.I. No. 236 of 2007.

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.

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 to section 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.

Annotations

Amendments:

F7
Inserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 32, S.I. No. 530 of 2017.

Editorial Notes:

E2
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.

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,

of F9[any moneys to be paid into court under a recognisance] entered into by a person in connection therewith has been paid into court by the person.

(2) F10[(a) Where a court requires payment of moneys into court by a person or any surety as a condition of a recognisance, it may accept as security, in lieu of such payment, any instrument that it considers to be adequate evidence of the title of a person to property (other than land or any estate, right or interest in or over land).]

(b) Where a bank, building society, credit union or post office deposit book is accepted as security by a court by virtue of paragraph (a), the court shall make an order directing the bank, building society or credit union concerned or An Post, as the case may be, not to permit the moneys on deposit to be reduced below—

(i) an amount equal to the amount required to be paid into court, or

(ii) the amount then on deposit,

whichever is the lesser.

(3) Where a person charged with an offence is admitted to bail by a court and—

(a) he or she is discharged in relation to that offence pursuant to section 8 (5) of the Act of 1967 or otherwise,

(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or

(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty,

and if the conditions of any recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order that the F11[amount (if any) of any F12[moneys paid] into court] by any person in connection therewith shall be repaid to the person and shall discharge any order made under subsection (2) and release any security accepted by the court under that subsection.

F13[(4) This section shall not apply in relation to a person under the age of 18 years.]

F14[(5) The payment of an amount of moneys under a recognisance for transmission to the court to a person specified in section 22(3) of the Act of 1967 shall be deemed to be a payment into court for the purposes of this section and references in this section and in section 22 of the Act of 1967 to the payment of an amount of moneys into court and to moneys paid or to be paid into court shall be construed accordingly.]

Annotations

Amendments:

F8
Inserted (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 33(a)(i), commenced on enactment.

F9
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 8(a), S.I. No. 236 of 2007.

F10
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 8(b), S.I. No. 236 of 2007.

F11
Inserted (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 33(a)(ii), commenced on enactment.

F12
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 8(c), S.I. No. 236 of 2007.

F13
Inserted (1.05.2002) by Children Act 2001 (24/2001), s. 89, S.I. No. 151 of 2002.

F14
Inserted (25.08.2009) by Criminal Justice Miscellaneous Provisions Act 2009 (28/2009), s. 48(a), S.I. No. 330 of 2009.

Conditions of bail.

6.—(1) Where an accused person is admitted to bail on his or her entering into a recognisance—

F15[(a) the recognisance shall, in addition to the condition requiring his or her appearance before the court at the end of the period of remand of the accused person, be subject to the condition that the accused person shall not commit an offence while on bail.]

and

(b) the recognisance may be subject to such conditions as the court F16[considers necessary and proportionate] having regard to the circumstances of the case, including but without prejudice to the generality of the foregoing, any one or more of the following conditions:

(i) that the accused person resides or remains in a particular district or place in the State,

(ii) that the accused person reports to a specified Garda Síochána Station at specified intervals,

(iii) that the accused person surrenders any passport or travel document in his or her possession or, if he or she is not in possession of a passport or travel document, that he or she refrains from applying for a passport or travel document,

(iv) that the accused person refrains from attending at such premises or other place as the court may specify,

(v) that the accused person refrains from having any contact with such person or persons as the court may specify.

F17[(vi) that the accused person refrains from having contact (direct or indirect) with the person in respect of whom the offence is alleged to have been committed or any member of his or her family unless such contact is approved by the court,

(vii) that the accused person shall not drive a mechanically propelled vehicle (within the meaning of the Road Traffic Act 1961) where the person has been charged with a serious offence relating to the driving of such a vehicle and the court considers it necessary to impose such a condition to prevent the commission of a serious offence connected with the driving of such a vehicle,

(viii) that the accused person shall be at a specified place between specified times during the period commencing at 9.00 p.m. on each day and ending at 6.00 a.m. on each following day.]

(2) Where an accused person is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court shall direct that a copy of the recognisance containing the conditions of the recognisance be given to the accused person and to the surety or sureties (if any).

(3) Where an accused person is admitted to bail by a court on his or her entering into a recognisance subject to one or more of the conditions referred to in subsection (1)(b), that court may, on the application to it in that behalf at any time by the accused person, if it considers it appropriate to do so, vary (whether by the alteration, addition or revocation of a condition) a condition.

F18[(3A) A recognisance referred to in subsection (3) shall contain a statement that the accused person may apply to the court at any time to vary or revoke a condition of the recognisance. ]

(4) The prosecutor shall be given notice of, and be entitled to be heard in, any proceedings under subsection (3).

(5) Where a person charged with an offence is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court may, on the application to it in that behalf by a surety or sureties of the accused person or of a member of the Garda Síochána and upon information being made in writing and on oath by or on behalf of such surety or member that the accused is about to contravene any of the conditions of the recognisance, issue a warrant for the arrest of the accused person.

(6) A member of the Garda Síochána may arrest a person pursuant to subsection (5) notwithstanding that he or she does not have the warrant concerned in his or her possession at the time of the arrest.

(7) Where a person is arrested pursuant to subsection (6), the member arresting him or her shall, as soon as practicable produce and serve on the person the warrant concerned.

(8) A person arrested pursuant to F19[subsection (6) or (10)], shall, as soon as practicable, be brought before the court that made the order directing that the recognisance be entered into.

(9) Where a person is brought before a court pursuant to subsection (8), the court may commit the person to prison to await his or her trial or until he or she enters a fresh recognisance or, if he or she is on remand, further remand him or her.

F20[(10) Where a member of the Garda Síochána—

(a) with reasonable cause, suspects that a person who has been admitted to bail—

(i) is about to contravene any of the conditions of the recognisance,

(ii) is in the act of contravening any of the conditions of the recognisance, or

(iii) has contravened any of the conditions of the recognisance,

and

(b) considers that it is necessary to arrest the person immediately to prevent harm to, interference with or intimidation of the person in respect of whom the offence is alleged to have been committed, a witness to the offence alleged or to any other person specified in a condition referred to in subparagraphs (v) or (vi) of paragraph (b) of subsection (1),

he or she may arrest the person without warrant.]

Annotations

Amendments:

F15
Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 9(a), S.I. No. 236 of 2007.

F16
Substituted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 6(a), S.I. No. 359 of 2017.

F17
Inserted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 6(b), S.I. No. 359 of 2017.

F18
Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 9(b), S.I. No. 236 of 2007.

F19
Substituted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 6(c), S.I. No. 359 of 2017.

F20
Inserted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 6(d), S.I. No. 359 of 2017.

F21
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022, s. 5(1) and sch. 3 ref. 2, not commenced as of date of revision.

Modifications (not altering text):

C1
Prospective affecting provision: subs. (1)(b)(i) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022, s. 5(1) and sch. 3 ref. 2, not commenced as of date of revision.

(i) that the accused person resides or remains in a particular F21[area] or place in the State,

F22[

Application of section 6 in relation to certain appellants.

6A.— Section 6 applies in relation to recognisances entered into by persons appealing against sentences of imprisonment imposed by the District Court with the following modifications:

(a) by the substitution of the following paragraph for paragraph (a) of subsection (1):

“(a) the recognisance shall be subject to the following conditions, namely, that the appellant shall—

(i) prosecute the appeal,

(ii) attend the sittings of the Circuit Court until the appeal has been determined, and

(iii) not commit an offence while on bail,”;

(b) references in that section to an accused person or a person charged with an offence are to be construed as references to persons so appealing;

and with any other necessary modifications.]

Annotations

Amendments:

F22
Inserted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 10, S.I. No. 236 of 2007.

Editorial Notes:

E3
The section heading is taken from the amending provision in the absence of one included in the amendment.

F23[Electronic monitoring of certain persons admitted to bail.

6B.— …]

Annotations

Amendments:

F23
Inserted by Criminal Justice Act 2007(29/2007), s. 11, not commenced as of date of revision.

F24
Substituted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C2
Prospective affecting provision: subs. (1) amended by Criminal Justice Act 2017 (14/2017), s. 7, not commenced as of date of revision.

F23[6B.— (1) Subject to subsection (2), where a person (in this section referred to as “the person”) who—

(a) is charged with a serious offence or is appealing against a sentence of imprisonment imposed by the District Court, and

(b) is admitted to bail on entering into a recognisance which is subject to any of the conditions mentioned in subparagraphs (i) and (iv) of section 6(1)(b),

F24[the court may, on application to it in that behalf by the prosecutor, make the recognisance subject to the following further conditions:]

…]

C3
Prospective affecting provision: section inserted by Criminal Justice Act 2007 (29/2007), s. 11, not commenced as of date of revision.

F23[Electronic monitoring of certain persons admitted to bail.

6B.— (1) Subject to subsection (2), where a person (in this section referred to as “the person”) who—

(a) is charged with a serious offence or is appealing against a sentence of imprisonment imposed by the District Court, and

(b) is admitted to bail on entering into a recognisance which is subject to any of the conditions mentioned in subparagraphs (i) and (iv) of section 6(1)(b),

the court may make the recognisance subject to the following further conditions:

(i) that the person’s movements while on bail are monitored electronically so that his or her compliance or non-compliance with a condition mentioned in any of the said subparagraphs can be established;

(ii) that for that purpose the person has an electronic monitoring device attached to his or her person, either continuously or for such periods as may be specified; and

(iii) that an authorised person is responsible for monitoring the person’s compliance or non-compliance with any condition mentioned in the said subparagraphs or in paragraph (ii) of this subsection.

(2) A recognisance shall not be made subject to the further conditions mentioned in subsection (1)—

(a) if the person is to reside or remain in a particular place, without the consent of the owner of the place or of an adult person habitually residing there, or, as the case may be, of the person in charge of the place, and

(b) unless the person agrees to comply with those further conditions.

(3) The court shall direct that a copy of the recognisance containing the conditions to which it is subject be given to—

(a) the person and any surety,

(b) the member in charge of the Garda Síochána station for the place where the person is residing while the recognisance is in force, and

(c) if an authorised person is to be responsible for monitoring the person’s movements electronically, the authorised person.

(4) The court, on application to it by a person whose recognisance is subject to one or more of the conditions or further conditions referred to in subsection (1), may, if it considers it appropriate to do so, vary a condition of the recognisance, whether by altering or revoking it or by adding a further condition to it.

(5) A recognisance referred to in subsection (3) shall contain a statement that the accused person may apply to the court at any time to vary or revoke a condition of the recognisance.

(6) The prosecutor shall be given notice of, and be entitled to be heard in, any proceedings under subsection (4).

(7) Without prejudice to section 6(5), the court may issue a warrant for the arrest of the person on information being made in writing and on oath by an authorised person, any surety or a member of the Garda Síochána that he or she is about to contravene any of the further conditions referred to in paragraph (i) or (ii) of subsection (1).

(8) Subsections (6) to (9) of section 6 apply, with the necessary modifications, in relation to a warrant issued under subsection (7) of this section as if the warrant had been issued under subsection (5) of that section.

(9) This section does not apply in relation to a person under the age of 18 years.]

Editorial Notes:

E4
The section heading is taken from the amending provision in the absence of one included in the amendment.

F25[Evidence of electronic monitoring.

6C.— … ]

Annotations

Amendments:

F25
Inserted by Criminal Justice Act 2007 (29/2007), s. 12, not commenced as of date of revision.

Modifications (not altering text):

C4
Prospective affecting provision: section inserted by Criminal Justice Act 2007 (29/2007), s. 12, not commenced as of date of revision.

F25[6C.— (1) Where the movements of a person are subject to electronic monitoring as a condition of the recognisance entered into by the person, evidence of his or her—

(a) presence or absence in or from a particular district or place at a particular time, or

(b) compliance or non-compliance with a condition imposed under section 6B(1)(ii) in relation to the wearing of an electronic monitoring device,

may, subject to this section, be given in any proceedings by the production of the following documents:

(i) a statement purporting to be generated automatically or otherwise by a prescribed device by which the person’s whereabouts were electronically monitored;

(ii) a certificate—

(I) that the statement relates to the whereabouts of the person at the dates and times shown in it, and

(II) purporting to be signed by an authorised person who is responsible for monitoring electronically the accused person’s compliance with a condition mentioned in subparagraph (i) or (iv) of section 6(1)(b) or in section 6B(1).

(2) Subject to subsection (3), in any proceedings the statement and certificate mentioned in paragraphs (i) and (ii) of subsection (1) are admissible as evidence of the facts contained in them, unless the contrary is shown.

(3) Neither the statement nor the certificate is so admissible unless a copy of it has been served on the person concerned before the commencement of the proceedings concerned.]

Editorial Notes:

E5
The section heading is taken from the amending provision in the absence of one included in the amendment.

F26[ Arrangements for electronic monitoring.

6D.— …]

Annotations

Amendments:

F26
Inserted by Criminal Justice Act 2007 (29/2007), s. 13, not commenced as of date of revision.

Modifications (not altering text):

C5
Prospective affecting provision: section inserted by Criminal Justice Act 2007 (29/2007), s. 13, not commenced as of date of revision.

F26[6D.—The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for monitoring electronically the compliance or non-compliance of persons with a condition mentioned in subparagraph (i) or (iv) of section 6(1)(b) or in section 6B(1)(ii).]

C6
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts 5-9.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under—

(a) the provisions of the enactments specified in the Schedule, and

…

are transferred to the Minister for Public Expenditure and Reform.

4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

SCHEDULE

Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 16 of 1997

Bail Act 1997

Section 6D

…

Editorial Notes:

E6
The section heading is taken from the amending provision in the absence of one included in the amendment.

Sufficiency of bailspersons.

7.—(1) A court shall in every case satisfy itself as to the sufficiency and suitability of any person proposed to be accepted as a surety for the purpose of bail.

(2) In determining the sufficiency and suitability of a person proposed to be accepted as a surety, a court shall have regard to and may, where necessary, receive evidence or submissions concerning:

(a) the financial resources of the person,

(b) the character and antecedents of the person,

(d) the relationship of the person to the accused person.

Endorsement on warrants as to release on bail.

8.—(1) Where a court issues a warrant for the arrest of a person, the court may direct that the person named in the warrant be on arrest released on his or her entering into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before a court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts F27[(if any)] in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognisance.

(2) Where such an endorsement is made, the member of the Garda Síochána in charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognisance, with or without surety or sureties, approved by that member and F28[, if the court, having regard to the circumstances of the case, including the means of the person and the nature of the offence to which the warrant relates, so orders] upon the payment of—

(a) an amount equal to one third, or

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

of F29[any moneys conditioned to be paid under a recognisance] entered into by a person.

(3) Any moneys paid to a member of the Garda Síochána under subsection (2) shall be deposited by him or her with the district court clerk for the district court area F30[where the courthouse at which the arrested person is conditioned to appear is situate].

(4) This section shall not apply to a person arrested under section 251 of the Defence Act, 1954, on suspicion of his or her being a deserter or an absentee without leave from the Defence Forces.

Annotations

Amendments:

F27
Inserted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 14(a), S.I. No. 236 of 2007.

F28
Inserted (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 33(b), commenced on enactment.

F29
Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 14(b), S.I. No. 236 of 2007.

F30
Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 14(c), S.I. No. 236 of 2007.

F31[

Estreatment of recognisance and forfeiture of moneys paid into court.

9.—(1) Where an accused person or a person who is appealing against a sentence of imprisonment imposed by the District Court (in either case referred to in this section as “the person”) is admitted to bail on entering into a recognisance conditioned for his or her appearance before a specified court on a specified date at a specified time and place, and the person—

(a) fails to appear in accordance with the recognisance, or

(b) is brought before the court in accordance with subsection (7) and the court is satisfied that the person has contravened a condition of the recognisance,

the court may order—

(i) that any moneys conditioned to be paid under the recognisance by the person or any surety be estreated in such amount and within such period as the court thinks fit,

(ii) that any sums paid into court by the person or any surety be forfeited in such amount or amounts as the court thinks fit,

(iii) where a bank, building society, credit union or an An Post deposit book has been accepted as security for the amount of the recognisance, that the entity concerned pay into court that amount, or such lesser amount as the court thinks fit, from the moneys held by the person or any surety on deposit therein, and

(iv) where necessary for estreatment, that a receiver be appointed to take possession or control of the property of the person or any surety and to manage or otherwise deal with it in accordance with the directions of the court.

(2) Where a receiver—

(a) appointed under subsection (1) takes any action under this section in relation to property, and

(b) believes, and has reasonable grounds for believing, that he or she is entitled to take that action in relation to the property,

he or she shall not be liable to any person in respect of any loss or damage resulting from the action, except in so far as the loss or damage is caused by his or her negligence.

(3) Money recovered by the receiver may, to the extent necessary, be applied to meet expenses incurred in the performance of his or her functions and the remuneration of any person employed in that connection.

(4) The court may, on the application of a member of the Garda Síochána and on information being made in writing and on oath by or on behalf of the member that the person has contravened a condition of the recognisance (other than the condition referred to in subsection (1) that he or she appear before a specified court on a specified date at a specified place), issue a warrant for the arrest of the person.

(5) A member of the Garda Síochána may arrest the person pursuant to a warrant issued under subsection (4) notwithstanding that the member does not have the warrant concerned in his or her possession at the time of the arrest.

(6) Where subsection (5) applies, the member shall serve the warrant on the arrested person as soon as practicable.

(7) The arrested person shall be brought as soon as practicable before the court.

(8) Where a warrant has been issued under subsection (4), the person and any surety remain bound by their recognisances, and any money paid into court in connection therewith shall not be released before the conclusion of any proceedings under this section.

(9) Where the court makes an order under subsection (1), notice shall be given to the person and any surety stating that an application to vary or discharge the order may be made to the court within 21 days from the date of the issue of the notice.

(10) On such an application, the court may vary or discharge the order if satisfied that compliance with it would cause undue hardship to the person or any surety.

(11) The prosecutor shall be given notice of, and be entitled to be heard in, any application under subsection (10).

(12) Subject to subsection (13), if an order under subparagraph (i) of subsection (1) or any variation of it under subsection (10) is not complied with, a warrant of committal of the person or any surety for such non-compliance shall be issued by the court and, for the purpose of determining the term of imprisonment to be served by the person or surety, the warrant shall be treated as if it were a warrant for imprisonment for the non-payment of a fine equivalent to the amount estreated under the said subparagraph (i) of subsection (1).

(13) Where the person referred to in subsection (12) is a child within the meaning of section 110 of the Children Act 2001, non-compliance with an order under subparagraph (i) of subsection (1) or with any variation of it under subsection (10) shall be treated as a default in payment of a fine, costs or compensation under the said section 110 and the provisions of that section shall apply accordingly.]

Annotations

Amendments:

F31
Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 48(b), S.I. No. 330 of 2009.

Editorial Notes:

E7
Previous affecting provision: section substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 15, S.I. No. 236 of 2007; section substituted (25.08.2009) as per F-note above.

E8
Previous affecting provision: subss. (1), (7) amended (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 33(c), commenced on enactment; section substituted (1.07.2007) as per E-note above.

F32[

Power to hear complainant evidence in bail applications

9A.—(1) A court considering an application for bail may, on the application of a member of the Garda Síochána, hear evidence from the person in respect of whom the offence is alleged to have been committed as to:

(a) the likelihood of direct or indirect interference or attempted interference by the accused person with the person in respect of whom the offence is alleged to have been committed or a member or his or her family; and

(b) the nature and seriousness of any danger to any person that may be presented by the release of the accused person on bail.

(2) For the purposes of subsection (1) the court may—

(a) where the person in respect of whom the offence is alleged to have been committed is a child under the age of 14 years, hear the evidence of the child or his or her parent or guardian on behalf of the child,

(b) where the person in respect of whom the offence is alleged to have been committed is a person with a mental disorder, hear the evidence of the person or a family member on behalf of the person.

(3) The court may, in the interests of justice, order that information relating to the evidence given under subsection (1) or any part of that information shall not be published or 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

shall be guilty of an offence.

(5) A person guilty of an offence under subsection (4) shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both.

(6) Where an offence under subsection (4) is committed by a body corporate and it is proved that the offence was committed with the consent or connivance of any person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(7) In this section—

“broadcast” has the meaning assigned to it by the Broadcasting Act 2009;

“child” means a person under the age of 18 years;

“family member” means—

(a) a spouse or partner of the person,

(b) a child, grandchild, parent, grandparent, brother, sister, uncle, aunt, nephew or niece of the person,

(d) a dependant of the person, or

(e) any other person with whom, in the opinion of the court, the person has a close connection;

“guardian”, in relation to a child, has the meaning assigned to it by the Children Act 2001;

“mental disorder” has the meaning assigned to it by the Mental Health Act 2001;

“publish” means publish, other than by way of broadcast, to the public or a portion of the public.]

Annotations

Amendments:

F32
Inserted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 8, S.I. No. 359 of 2017. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F33[

Requirement to give reasons for bail decisions

9B.—Where an application for bail is made or renewed by a person charged with an offence, a court shall give reasons for its decision to grant or refuse the application including reasons for a decision to impose or vary any conditions to be contained in the recognisance to be entered into by the person.]

Annotations

Amendments:

F33
Inserted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 9, S.I. No. 359 of 2017.

Amendment of Criminal Justice Act, 1984.

10.—Section 11 of the Criminal Justice Act, 1984, is hereby amended by the insertion of the following subsection after subsection (3):

“(4) Where a court—

(a) is determining the sentence to be imposed on a person for an offence committed while he or she was on bail,

and

(b) is required by subsection (1) to impose two or more consecutive sentences,

then, the fact that the offence was committed while the person was on bail shall be treated for the purpose of determining the sentence as an aggravating factor and the court shall (except where the sentence for the previous offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.”.

Amendment of Act of 1967.

11.—The Act of 1967 is hereby amended—

(a) in section 26, by the deletion of “or peace commissioner”,

(b) in section 28—

(i) by the deletion in subsection (1) of “or a peace commissioner”, and

(ii) by the deletion in subsection (4) of “or a peace commissioner”, and

F34[

Regulations.

11A.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) The regulations may include such consequential, incidental or supplementary provisions as may be necessary for that purpose.

(3) Regulations under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling them is passed by either such House within the next 21 days on which that House has sat after they are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

Annotations

Amendments:

F34
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 16, S.I. No. 236 of 2007.

Editorial Notes:

E9
The section heading is taken from the amending provision in the absence of one included in the amendment.

Repeals.

12.—Sections 27, 30 and 33 of the Act of 1967 are hereby repealed.

Short title and commencement.

13.—(1) This Act may be cited as the Bail Act, 1997.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister for Justice under this section, may be fixed therefor, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

Annotations

Editorial Notes:

E10
Power pursuant to subs. (2) exercised (15.05.2000) by Bail Act, 1997 (Commencement) Order 2000 (S.I. No. 118 of 2000), art. 2.

2. The 15th day of May, 2000, is hereby fixed as the day on which the Bail Act, 1997 (No. 16 of 1997), in so far as it is not in operation, shall come into operation.

E11
Power pursuant to subs. (2) exercised (4.09.1998) by Bail Act, 1997 (Sections 1 to 4) (Commencement) Order 1998 (S.I. No. 315 of 1998), art. 2.

2. The 4th day of September, 1998, is hereby fixed as the day on which sections 1 to 4, of the Bail Act, 1997 (No. 16 of 1997), shall come into operation in respect of persons who have been or are to be sent, sent forward, transferred or otherwise brought for trial in a Special Criminal Court pending trial by that court, during and after such trial until conviction or acquittal, or pending the outcome of an appeal against a conviction or sentence imposed by that court.

E12
Power pursuant to subs. (2) exercised (2.06.1998) by Bail Act, 1997 (Section 10) (Commencement) Order 1998 (S.I. No. 140 of 1998), art. 2.

2. The 2nd day of June, 1998, is hereby fixed as the day on which section 10 of the Bail Act, 1997 (No. 16 of 1997), shall come into operation.

SCHEDULE

Offences covered

Common law offences

Section 1.

1. Murder.

2. Manslaughter.

3. F35[…]

4. F35[…]

5. F35[…]

6. Rape.

F36[Genocide, crimes against humanity, war crimes and ancillary offences

6A. An offence under section 7 or 8 of the International Criminal Court Act 2006.]

Offences against the person

F37[7. Any offence under the following provisions of the Non-Fatal Offences against the Person Act, 1997—

(a) section 3 (assault causing harm);

F38[(aa) section 3A (non-fatal strangulation or non-fatal suffocation);]

(b) section 4 (causing harm);

F38[(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm;)]

(d) section 6 (syringe, etc. attacks);

(e) section 7 (1) (offence of possession of syringe, etc. in certain circumstances);

(f) section 8 (placing or abandoning syringe);

(g) section 9 (coercion);

F39[(h) section 10 (harassment or stalking);]

(i) section 13 (endangerment);

(j) section 14 (endangering traffic);

(k) section 15 (false imprisonment);

(l) section 16 (abduction of child by parent, etc.);

(m) section 17 (abduction of child by other persons).]

F40[7A. Any offence under section 3 of the Criminal Justice Act 1990 (certain murders and attempts).]

8. Any offence under the following provisions of the Criminal Justice (Public Order) Act, 1994—

(a) section 18 (assault with intent to cause bodily harm or commit indictable offence);

(b) section 19 (assault or obstruction of peace officer).

F41[8A. An offence under the Criminal Law (Human Trafficking) Act 2008.]

Sexual offences

9. Any offence under section 1 (incest by males) and section 2 (incest by female of or over 17 years) of the Punishment of Incest Act, 1908.

F42[10. An offence under the Criminal Law (Sexual Offences) Act 2006.]

11. Any offence under the following provisions of the Criminal Law (Rape) (Amendment) Act, 1990—

(a) section 2 (sexual assault);

(b) section 3 (aggravated sexual assault);

12. Any offence under the following provisions of the Criminal Law (Sexual Offences) Act, 1993—

(a) section 3 (buggery of persons under 17 years of age);

(b) section 5 (protection of mentally impaired persons);

F43[12A. Any offence under the following provisions of the Child Trafficking and Pornography Act, 1998—

(a) section 3 (child trafficking and taking, etc., child for sexual exploitation);

F44[(aa) section 4A (organising etc. child prostitution or production of child pornography);]

(b) section 5 (producing, distributing, etc., child pornography).]

F44[(ba) section 5A (participation of child in pornographic performance);]

F45[12B. An offence under section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993. ]

F44[12C. An offence under the following provisions of the Criminal Law (Sexual Offences) Act 2017:

(a) section 3 (obtaining, providing etc. a child for purpose of sexual exploitation);

(b) section 4 (invitation etc. to sexual touching);

(d) section 6 (causing child to watch sexual activity);

(e) section 7 (meeting child for purpose of sexual exploitation);

(f) section 8 (use of information and communication technology to facilitate sexual exploitation of child);

(g) section 21 (sexual act with protected person);

(h) section 22 (offence against relevant person by person in authority).]

Explosives

13. Any offence under the following provisions of the Explosive Substances Act, 1883—

(a) section 2 (causing explosion likely to endanger life or damage property);

(b) section 3 (possession etc. of explosive substances);

Firearms

F46[14. Any offence under the following provisions of the Firearms Act 1925:

(a) section 2 (restrictions on possession, use, and carriage of firearms);

(b) section 3 (applications for, and form and effect of, firearm certificates);

(d) section 10A (reloading of ammunition);

(e) section 15 (possession of firearms with intent to endanger life);

(f) section 25 (punishments).]

15. Any offence under the following provisions of the Firearms Act, 1964—

(a) section 26 (possession of firearm while taking vehicle without authority);

(b) section 27 (use of firearm to resist arrest or aid escape);

(d) section 27B (carrying firearm with criminal intent).

F47[16. Any offence under the following provisions of the Firearms and Offensive Weapons Act 1990:

(a) section 7 (possession, sale, etc., of silencers);

(b) section 8 (reckless discharge of firearm);

(d) section 10 (trespassing with a knife, weapon of offence or other article);

(e) section 11 (production of article capable of inflicting serious injury);

(f) section 12 (power to prohibit manufacture, importation, sale, hire or loan of offensive weapons);

(g) section 12A (shortening barrel of shotgun or rifle).]

F48[16A. Any offence under section 3 of the Firearms (Firearm Certificates for Non-Residents) Act 2000 (prohibition of false information and alteration of firearm certificates).]

Robbery and burglary

17. F49[Any offence under the Criminal Justice (Theft and Fraud Offences) Act, 2001.]

18. Any offence under the following provisions of the Criminal Damage Act, 1991—

(a) section 2 (damaging property);

(b) section 3 (threat to damage property);

F50[Offences relating to passports.

18A. An offence under any paragraph of section 20(1) of the Passports Act 2008.]

Road Traffic Act offences

19. Any offence under the following provisions of the Road Traffic Act, 1961—

(a) section 53 (dangerous driving causing death or serious bodily harm);

F51[(b) section 106 (duties on occurrence of accident);]

F52[(c) section 112 (towing vehicle without authority).]

Offences in relation to aircraft and vehicles

20. Any offence under section 11 of the Air Navigation and Transport Act, 1973 (unlawful seizure of aircraft).

21. Any offence under section 3 of the Air Navigation and Transport Act, 1975 (unlawful acts against the safety of aviation).

22. Any offence under section 10 of the Criminal Law (Jurisdiction) Act, 1976 (unlawful seizure of vehicles).

F53[Maritime security offences

22A. Any offence under section 2 of the Maritime Security Act 2004.]

Forgery etc. offences

23. F54[…]

24. F54[…]

Offences against the State

F55[25. Any offence under the Offences against the State Acts, 1939 to 1998.]

26. Treason.

Drugs offences

27. A drug trafficking offence within the meaning of section 3 (1) of the Criminal Justice Act, 1994.

F56[27A. F57[…]]

Public order offences

28. Any offence under the following provisions of the Criminal Justice (Public Order) Act, 1994—

(a) section 14 (riot);

(b) section 15 (violent disorder);

F58[(c) section 16 (affray), and

(d) section 17 (blackmail, extortion and demanding money with menaces).]

F59[Organised Crime.

28A. An offence under section 71, F60[71A,] 72 or 73 of the Criminal Justice Act 2006.]

Accomplices

29. References in this Schedule to an offence include references to participation as an accomplice of a person who commits the offence.

Attempts and conspiracy

F61[30. An offence of attempting or conspiring to commit, or inciting the commission of, any offence mentioned in this Schedule.]

F62[Torture

31. Any offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000.]

F63[Offences against United Nations workers

32. Any offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000.]

F64[Suppression of Terrorism.

33. Any offence under the Criminal Justice (Terrorist Offences) Act 2005.]

F65[Offences under the Prisons Act 2007.

34. Any offence under section 36 of the Prisons Act 2007.]

F66[Money Laundering.

35. Any offence under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.]

F67[Offences relating to psychoactive substances.

36. Any offence under the following provisions of the Criminal Justice (Psychoactive Substances) Act 2010—

(a) section 3 (prohibition of sale, etc. of psychoactive substances);

(b) section 4 (prohibition of sale of certain objects);

(d) section 8(6) (failure or refusal to comply with a prohibition order);

(e) section 10(8) (failure or refusal to comply with a closure order).]

F68[Offences relating to biological weapons

37. An offence under section 2 or 3 of the Biological Weapons Act 2011.]

F70[Offences relating to female genital mutilation

38. An offence under section 2, 3 or 4 of the Criminal Justice (Female Genital Mutilation) Act 2012.]

F70[Offences Relating to Information Systems

39. An offence under section 2, 3, 4, 5 or 6 of the Criminal Justice (Offences Relating to Information Systems) Act 2017.]

F70[Corruption Offences

39A. Any offence under the Prevention of Corruption Acts 1889 to 2010.

40. An offence under any section, other than section 18(1), of the Criminal Justice (Corruption Offences) Act 2018.]

F71[Offences under the Health (Regulation of Termination of Pregnancy) Act 2018

41. Any offence under section 23 of the Health (Regulation of Termination of Pregnancy) Act 2018.]

F72[Offence under the Harassment, Harmful Communications and Related Offences Act 2020

42. An offence under section 2 of the Harassment, Harmful Communications and Related Offences Act 2020.]

F73[Offences under the Criminal Justice (Perjury and Related Offences) Act 2021

43. Any offence under the Criminal Justice (Perjury and Related Offences) Act 2021.]

F74[Offences relating to smuggling of persons

43. Any offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000.

44. Any offence under section 6, 7, 8 or 14 of the Criminal Justice (Smuggling of Persons) Act 2021.]

Annotations

Amendments:

F35
Deleted (19.08.1997) by Non-Fatal Offences Against the Person Act 1997 (26/1997), s. 30(a)-(c), commenced as per s. 32(2).

F36
Inserted (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 66 and sch. 3, para. 6, commenced on enactment.

F37
Substituted (19.08.1997) by Non-Fatal Offences Against the Person Act 1997 (26/1997), s. 30(d), commenced as per. s. 32(2).

F38
Inserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 66(a)(i), (ii), S.I. No. 525 of 2023, art. 3(g).

F39
Substituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 66(a)(iii), S.I. No. 525 of 2023, art. 3(g).

F40
Inserted (25.08.2009) by Criminal Justice Miscellaneous Provisions Act 2009 (28/2009), s. 48(c)(i), S.I. No. 330 of 2009.

F41
Inserted (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 14, commenced as per s. 15(2).

F42
Substituted (2.06.2006) by Criminal Law (Sexual Offences) Act 2006 (15/2006), s. 7(4), commenced on enactment.

F43
Inserted (29.07.1998) by Child Trafficking and Pornography Act 1998 (22/1998), s. 12, commenced as per s. 1(2).

F44
Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 50, S.I. No. 112 of 2017.

F45
Inserted (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 4(3), commenced on enactment.

F46
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(a), S.I. No. 236 of 2007.

F47
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.

F48
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(c), S.I. No. 236 of 2007.

F49
Substituted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 64, S.I. No. 252 of 2002.

F50
Inserted (1.11.2008) by Passports Act 2008 (4/2008), s. 25, S.I. No. 412 of 2008.

F51
Substituted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 10, S.I. No. 359 of 2017.

F52
Inserted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 10, S.I. No. 359 of 2017.

F53
Inserted (19.07.2004) by Maritime Security Act 2004 (29/2004), s. 12, commenced on enactment.

F54
Deleted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 64, S.I. No. 252 of 2002.

F55
Substituted (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 16, commenced on enactment.

F56
Inserted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 8, S.I. No. 266 of 2000.

F57
Deleted (31.12.2021) by Criminal Justice (Smuggling of Persons) Act 2021 (42/2021), s. 22(a), S.I. No. 772 of 2021.

F58
Substituted and inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 48(c)(ii), S.I. No. 330 of 2009.

F59
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 79, S.I. No. 390 of 2006.

F60
Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 15, commenced on enactment.

F61
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(d), S.I. No. 236 of 2007.

F62
Inserted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000), s. 10, commenced on enactment.

F63
Inserted (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000), s. 9, commenced on enactment.

F64
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 60, commenced on enactment.

F65
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 48(c)(iv), S.I. No. 330 of 2009.

F66
Inserted (15.07.2010) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010), s. 113, S.I. No. 342 of 2010.

F67
Inserted (23.08.2010) by Criminal Justice (Psychoactive Substances) Act 2010 (22/2010), s. 23, S.I. No. 401 of 2010.

F68
Inserted (10.07.2011) by Biological Weapons Act 2011 (13/2011), s. 13, commenced on enactment.

F69
Inserted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 25, S.I. No. 298 of 2018.

F70
Substituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 66(b), S.I. No. 525 of 2023, art. 3(g).

F71
Inserted (1.01.2019) by Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018), s. 29, S.I. No. 594 of 2018.

F72
Inserted (10.02.2021) by Harassment, Harmful Communications and Related Offences Act 2020 (32/2020), s. 9, S.I. No. 53 of 2021.

F73
Inserted (28.07.2021) by Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), s. 16 and sch. 3, S.I. No. 378 of 2021.

F74
Inserted (31.12.2021) by Criminal Justice (Smuggling of Persons) Act 2021 (42/2021), s. 22(b), S.I. No. 772 of 2021.

F75
Substituted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 48(c)(iii), not commenced as of date of revision.

Modifications (not altering text):

C7
Prospective amending provision: para. 28A substituted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 48(c)(iii), not commenced as of date of revision.

F75[ Offences under the Criminal Justice Act 2006.

28A. Any offence under the following provisions of the Criminal Justice Act 2006—

(a) section 71, 72 or 73 (organised crime);

(b) section 176 (reckless endangerment of children);

(d) section 183A (possession of monies intended for use in connection with certain offences).]

Editorial Notes:

E13
Previous affecting provision: paras. 39, 40 inserted (28.07.2021) by Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), s. 16(2) and sch. 3, S.I. No. 378 of 2021; substituted (1.11.2023) as per F-note above.

E14
Prevous affecting provision: para. 39 inserted (12.06.2017) by Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017), s. 14, S.I. No. 249 of 2017; substituted (1.11.2023) as per F-note above.

E15
Previous affecting provision: para. 38 inserted (20.09.2012) by Criminal Justice (Female Genital Mutilation) Act 2012 (11/2012), s. 14, S.I. No. 353 of 2012; substituted (1.11.2023) as per F-note above.

E16
The amending provision which inserted s. 71A into para. 28A came into effect before the substitution of the entire paragraph by the Criminal Justice (Miscellaneous Provisions) Act 2009, s. 48(c)(iii). This arose because both pieces of legislation were passing through the Oireachtas around the same time. To avoid undoing the insertion of s. 71A, the later provision has not been commenced.

E17
Previous affecting provision: para. 27A inserted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 8, S.I. No. 266 of 2000; deleted (31.12.2021) as per F-note above.

Bail II

District Court Rules

Procedure on Admitting to Bail

Remands by the Court

Arrest of Persons in Contravention of Conditions of Bail Recognizances

Attendance of Witnesses and Securing Evidence

Procedure on Accused’s Failure to Appear

CRIMINAL PROCEDURE ACT 1967

Power to remand.

Remand in custody or on bail by the District Court.

Form of recognisance.

Period of remand.

Remand to custody of Garda Síochána.

Acceptance of deposit in lieu of sureties.

Provisions as to admission to bail.

Bail in case of treason, murder and certain other offences.

Release on bail in certain cases by members of Garda Síochána.

BAIL ACT 1997

Interpretation.

Statement by applicants for bail charged with serious offences.

Refusal of bail.

Evidence in applications for bail under section 2.

Renewal of bail application.

Evidence of previous criminal record.

Payment of moneys into court, etc.

Conditions of bail.

Application of section 6 in relation to certain appellants.

Sufficiency of bailspersons.

Endorsement on warrants as to release on bail.

Estreatment of recognisance and forfeiture of moneys paid into court.

Power to hear complainant evidence in bail applications

Requirement to give reasons for bail decisions

Amendment of Criminal Justice Act, 1984.

Amendment of Act of 1967.

Regulations.

Offences covered

Common law offences

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Preliminary Hearings

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