Bail applications are a critical stage in criminal proceedings. When a person is charged with an offence, the question arises: should they be released on bail, or remanded in custody pending trial?
The legal framework is set out in the Bail Act 1997. The starting point is a presumption in favour of bail, but this presumption can be rebutted if the court is satisfied that the accused poses a risk of absconding, interfering with witnesses, or committing further offences.
The Legal Test
The prosecution must satisfy the court, on the balance of probabilities, that one of the statutory grounds for refusing bail exists. Common grounds include: • A likelihood that the accused will fail to appear for trial • A risk of interference with witnesses or evidence • A risk that the accused will commit further serious offences while on bail
Conditions of Bail
Even where bail is granted, conditions are often imposed. These may include: • Signing on at a Garda station at regular intervals • Residing at a specified address • Surrendering a passport • Staying away from certain areas or individuals • Providing an independent surety (a third party who agrees to forfeit a sum of money if the accused breaches bail)
If you or someone you know is facing a bail hearing, it is essential to have experienced representation. A well-prepared bail application can mean the difference between liberty and custody.