Bail review makes 15 recommendations for change
Lorcan Staines SC
A review of the bail system carried out by Lorcan Staines SC has recommended improvements to legislation and practice.
Mr Staines has made 15 recommendations for reform in his 448-page report, which justice, home affairs and migration minister Jim O’Callaghan said were now being reviewed by officials to determine the feasibility of implementing them.
Among the proposals is that current legislation should be amended to “significantly expand” the conditions which can be attached to bail, allowing for these to include positive obligations such as attendance at addiction services and employment supports.
The report also proposes the implementation of a new adult bail supervision scheme to ensure the proper management of recidivist offenders, and investment for improved information sharing systems for both An Garda Síochána and the Courts Service.
Other recommendations concern courtroom practice, electronic tagging, and the possible abolition of cash bail.
Mr Staines was appointed to carry out the review in May as part of the government’s response to the killing of law graduate Shane O’Farrell in 2011.
Mr O’Farrell, who completed his LLB at University College Dublin and his LLM at Trinity College Dublin, was struck and killed by a motorist who his family say should have been in jail for multiple breaches of bail conditions.
The motorist was later acquitted of dangerous driving causing death by direction of the trial judge. It was not open to the jury to convict him of a lesser charge, which the government has also promised to change.
The O’Farrell family have campaigned for years for a public inquiry into the 23-year-old’s death and the events which followed.
Commenting on the report, Mr O’Callaghan said: “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.
“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.
“It is totally unacceptable that offences are committed by people on bail. That is a direct breach of their promise made when bail is granted by the court.
“The report is a detailed analysis that will greatly assist in considering how our criminal justice system might better respond to recidivist offenders who persistently break summary laws.
“I want to thank Lorcan Staines SC for his work on compiling this comprehensive report.”


