Bail act, 1997

Act Number16
Enactment Date05 May 1997


Number 16 of 1997


BAIL ACT, 1997


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Refusal of bail.

3.

Renewal of bail application.

4.

Evidence of previous criminal record.

5.

Payment of moneys into court, etc.

6.

Conditions of bail.

7.

Sufficiency of bailspersons.

8.

Endorsement on warrants as to release on bail.

9.

Estreatment of recognisance and forfeiture of moneys paid into court.

10.

Amendment of Criminal Justice Act, 1984.

11.

Amendment of Act of 1967.

12.

Repeals.

13.

Short title and commencement.

SCHEDULE


Acts Referred to

Air Navigation and Transport Act, 1973

1973, No. 29

Air Navigation and Transport Act, 1975

1975, No. 9

Criminal Damage Act, 1991

1991, No. 31

Criminal Justice (Public Order) Act, 1994

1994, No. 2

Criminal Justice Act, 1984

1984, No. 22

Criminal Justice Act, 1994

1994, No. 15

Criminal Law Amendment Act, 1935

1935, No. 6

Criminal Law (Jurisdiction) Act, 1976

1976, No. 14

Criminal Law (Rape) (Amendment) Act, 1990

1990, No. 32

Criminal Law (Sexual Offences) Act, 1993

1993, No. 20

Criminal Procedure Act, 1967

1967, No. 12

Defence Act, 1954

1954, No. 18

Explosive Substances Act, 1883

46 & 47 Vict. c. 3

Firearms Act, 1925

1925, No. 17

Firearms Act, 1964

1964, No. 1

Firearms and Offensive Weapons Act, 1990

1990, No. 12

Forgery Act, 1861

1861, c. 98

Forgery Act, 1913

1913, c. 27

Larceny Acts, 1916 to 1990

Misuse of Drugs Act, 1977

1977, No. 12

Offences against the Person Act, 1861

1861, c. 100

Offences against the State Act, 1939

1939, No. 13

Punishment of Incest Act, 1908

1908, c. 45

Road Traffic Act, 1961

1961, No. 24


Number 16 of 1997


BAIL ACT, 1997


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 ;

“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);

“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.

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.

(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,

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

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

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of the accused person including any conviction the subject of an appeal (which has neither been determined nor withdrawn) to a court,

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

and, where it has taken account of one or more of the foregoing, it may also take into account the fact that the accused person is addicted to a controlled drug within the meaning of the Misuse of Drugs Act, 1977 .

(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.

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.

(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;

“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.

Payment of moneys into court, etc.

5.—(1) Where a court admits a person who is in custody to bail 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 any recognisance entered into by a person in connection therewith has been paid into court by the person.

(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 surety or 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 by virtue of paragraph (a), the court shall...

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