Criminal Procedure Act 1967

Provisions as to admission to bail.

28

28. (1) A justice of the District Court F62 [ ] shall admit to bail a person charged before him with an offence, other than an offence to which section 29 applies, if it appears to him to be a case in which bail ought to be allowed.

(2) Refusal of bail at a particular appearance before the District Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial.

F63 [ (3) ( a ) An applicant for bail or the prosecutor may appeal to the High Court if dissatisfied with a refusal or grant of the application for bail or, where bail is granted, with any matter relating to the bail. ]

(4) When a justice F64 [ ] grants bail to an accused person who is in custody that person shall, on completion of the recognisance, be released if he is in custody for no other cause than the offence in respect of which bail is granted.

Annotations:

Amendments:

F62

Deleted (15.05.2000) by Bail Act 1997 (16/1997), s.11(b)(i), S.I. No. 118 of 2000.

F63

Substituted (1.05.2009 para. (a) only) by Criminal Justice Act 2007 (29/2007), s. 19, commenced as regards s. 28(3)(a) by Criminal Justice Act 2007 (Commencement) Order 2009 (S.I. No. 165 of 2009), but not commenced as regards subs. (3)(b)-(d) as of 7.05.2013.

F64

Deleted (15.05.2000) by Bail Act 1997 (16/1997), s. 11(b)(ii), S.I. No. 118 of 2000.

Modifications (not altering text):

C30

Subs. (3)(b), (c) and (d) inserted by Criminal Justice Act 2007 (29/2007), s. 19, not commenced as of 7.05.2013.

F63 [ (3) ( a ) ...

( b ) Where the applicant has been remanded in custody by the District Court and the offence with which the applicant is charged is triable by the Circuit Court, the High Court may transfer the appeal to the judge of the Circuit Court for the circuit in which the prison or place of detention to which the applicant has been remanded is situated.

( c ) The judge of the Circuit Court referred to in paragraph ( b ) shall exercise jurisdiction in respect of the appeal.

( d ) An appeal against a decision by the Circuit Court under this section lies to the High Court at the instance of the applicant or prosecutor. ]

Editorial Notes:

E25

Subs. (3) was substituted by the Criminal Justice Act 2007 (29/2007), s. 19. However, only subs.(3)(a) is commenced (see F-note above). This would appear to be sufficient to give effect to the substitution.