Legislation should be amended so gardaí can arrest someone without warrant who they reasonably suspect has breached a term of their bail conditions, a new legal report has found.
It outlines 15 recommendations including “significant and immediate investment” to ensure better sharing of information between An Garda Síochána and the Courts Service.
The Department of Justice published the report, by senior counsel Lorcan Staines, on the efficacy of bail laws on Thursday.
Mr Staines was tasked with preparing the report in memory of 23-year-old Shane O’Farrell, who was killed after being knocked down by a car driven by Zigimantas Gridziuska in August 2011.
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Between January 27th, 2010, and August 2nd, 2011, the day Shane was killed, Mr Gridziuska was convicted of 30 offences which had been committed while he was on bail. He was on bail for at least six offences at the time of the fatal collision.
The Lithuanian national left the scene of the fatal crash but handed himself in to gardaí the following day. He had more than 40 convictions at the time, including some in Northern Ireland.
In May, Minister for Justice Jim O’Callaghan apologised to the O’Farrell family, who have called for a full public inquiry into Shane’s death.
The Staines report now calls for the 1997 Bail Act to be amended so a member of An Garda Síochána who reasonably suspects that a person has breached their bail conditions may arrest them without warrant.
Mr Staines said, at present, “the general processes which apply to applications for the revocation of bail on foot of alleged breaches of bail conditions are inefficient and cumbersome”. As a result, such applications are “taken infrequently and inconsistently”.
Other recommendations include the implementation of an adult bail supervision scheme to ensure proper management of repeat offenders; the amendment of current bail legislation to significantly expand the conditions which may be attached to bail; and further legislative amendments to improve the general legal framework.
“Further discussion and analysis should take place between the judiciary, the Courts Service, the Irish Prison Service and the Department of Justice in relation to the manner in which cash bail is utilised as a condition of bail and whether it should be abolished,” Mr Staines said.
Mr O’Callaghan said the “detailed analysis” would “greatly assist in considering how our criminal justice system might better respond to recidivist offenders who persistently break summary laws”.
The Minister has asked officials in the Department of Justice to consider the feasibility of implementing each of the recommendations.
“While bail laws in Ireland are comprehensive, I am committed to ensuring they are fit for purpose while ensuring fundamental rights principles are adhered to,” Mr O’Callaghan said.
“This examination of our bail laws, and subsequent proposals, underlines the need for additional actions to be considered to ensure the criminal justice system effectively mitigates against risks that may be associated with individuals on bail.”
He said it was “totally unacceptable” that offences were committed by people on bail.
“That is a direct breach of their promise made when bail is granted by the court.”
The O’Farrell family welcomed the publication of the report.
“We urge the Government to act swiftly on these recommendations to ensure bail laws are enforced and public safety is protected,” they said in a statement.
“Failure to do so would expose citizens to life threatening risks, resulting in tragic outcomes, as was the case for Shane.”
Mr Staines thanked the O’Farrell family for their engagement in the review process.
“The exceptional quality of their submission and the appendices provided by them were invaluable to me,” he said.
