Bail Act, 1997

JurisdictionIreland


Number 16 of 1997


BAIL ACT 1997

REVISED

Updated to 31 December 2021


This Revised Act is an administrative consolidation of the Bail Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, and all statutory instruments up to and including the Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2022 (S.I. No. 1 of 2022), made 2 January 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 16 of 1997


BAIL ACT 1997

REVISED

Updated to 31 December 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Bail Acts 1997 and 2007: this Act is one of a group of Acts included in this collective citation (Criminal Justice Act 2007 (29/2007), s. 1(3)). The Acts in this group are:

Bail Act 1997 (16/1997)

Criminal Justice Act 2007 (29/2007), Part 2

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Smuggling of Persons) Act 2021 (42/2021)

Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021)

Harassment, Harmful Communications and Related Offences Act 2020 (32/2020)

Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018)

Criminal Justice (Corruption Offences) Act 2018 (9/2018)

Criminal Justice (Victims of Crime) Act 2017 (28/2017)

Criminal Justice Act 2017 (14/2017)

Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017)

Criminal Law (Sexual Offences) Act 2017 (2/2017)

Criminal Justice (Burglary of Dwellings) Act 2015 (56/2016)

Criminal Justice (Female Genital Mutilation) Act 2012 (11/2012)

Biological Weapons Act 2011 (13/2011)

Criminal Justice (Psychoactive Substances) Act 2010 (22/2010)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)

Criminal Justice (Amendment) Act 2009 (32/2009)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Criminal Law (Human Trafficking) Act 2008 (8/2008)

Passports Act 2008 (4/2008)

Criminal Justice Act 2007 (29/2007)

Criminal Law (Sexual Offences) Amendment Act 2007 (6/2007)

International Criminal Court Act 2006 (30/2006)

Criminal Justice Act 2006 (26/2006)

Criminal Law (Sexual Offences) Act 2006 (15/2006)

Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

Maritime Security Act 2004 (29/2004)

Courts and Courts Officers Act 2002 (15/2002)

Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

Children Act 2001 (24/2001)

Illegal Immigrants (Trafficking) Act 2000 (29/2000)

Criminal Justice (Safety of United Nations Workers) Act 2000 (16//2000)

Criminal Justice (UN Conventions Against Torture) Act 2000 (11/2000)

Offences Against the State (Amendment) Act 1998 (39/1998)

Child Trafficking and Pornography Act 1998 (22/1998)

Non-Fatal Offences Against the Person Act 1997 (26/1997)

All Acts up to and including Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

Bail Act 1997 (Sections 1 to 4) (Commencement) Order 1998 (S.I. No. 315 of 1998)

Bail Act 1997 (Section 10) (Commencement) Order 1998 (S.I. No. 140 of 1998)

Bail Act 1997 (Commencement) Order 2000 (S.I. No. 118 of 2000)

All statutory instruments up to and including Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2022 (S.I. No. 1 of 2022), made 2 January 2022, were considered in the preparation of this revision.


Number 16 of 1997


BAIL ACT 1997

REVISED

Updated to 31 December 2021


ARRANGEMENT OF SECTIONS


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

REVISED

Updated to 31 December 2021


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.(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.

1A

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;

(c) his or her source or sources of income 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)...

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