The Irish Times view on bail reform: a careful balance required
Almost 14 years after Shane O'Farrell died on a Co Monaghan road, his family have received an official apology from Minister for Justice Jim O'Callaghan for the State's role in the events that led to the 23-year-old death.
The statement in the Dáil chamber on Tuesday was a vindication of the O'Farrells' long campaign in the face of official deflection and obfuscation. They have expressed the hope that it will come to be seen as a 'watershed moment' for the administration of justice. But they continue to press for more transparency on why the hit-and-run driver who struck Shane was not in prison at the time, as a court had ordered.
The Minister has appointed a senior counsel to review the bail laws The question of whether these laws are too lax has been a subject of debate, particularly in the context of high-profile crimes committed by individuals released on bail. Critics argue the system sometimes prioritises the presumption of innocence over public safety, allowing repeat offenders or those accused of serious crimes to remain free while awaiting trial.
Under Irish law, bail is generally granted unless the court has a substantial reason to believe the accused will flee, interfere with witnesses,or commit further offences. The Bail Act 1997 allows for bail to be refused in cases where the accused is likely to commit a serious offence if released. However, some legal experts believe this standard is too difficult to meet.
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Data from the Garda and the Courts Service occasionally highlights cases where individuals released on bail are later re-arrested for similar or more serious crimes. This has led to calls for stricter bail conditions, particularly for repeat offenders or those charged with violent crimes.
But others argue that tightening bail laws would undermine fundamental rights. And increasing the number of people held in pre-trial detention would place further strain on an already overcrowded prison system. Any reform must therefore strike a careful balance between protecting the public and upholding civil liberties.
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