Bail Act 1997

Conditions of bail.

6

6. (1) Where an accused person is admitted to bail on his or her entering into a recognisance—

F15 [ ( a ) the recognisance shall, in addition to the condition requiring his or her appearance before the court at the end of the period of remand of the accused person, be subject to the condition that the accused person shall not commit an offence while on bail. ]

and

( b) the recognisance may be subject to such conditions as the court F16 [ considers necessary and proportionate ] having regard to the circumstances of the case, including but without prejudice to the generality of the foregoing, any one or more of the following conditions:

(i) that the accused person resides or remains in a particular district or place in the State,

(ii) that the accused person reports to a specified Garda Síochána Station at specified intervals,

(iii) that the accused person surrenders any passport or travel document in his or her possession or, if he or she is not in possession of a passport or travel document, that he or she refrains from applying for a passport or travel document,

(iv) that the accused person refrains from attending at such premises or other place as the court may specify,

(v) that the accused person refrains from having any contact with such person or persons as the court may specify.

F17 [ (vi) that the accused person refrains from having contact (direct or indirect) with the person in respect of whom the offence is alleged to have been committed or any member of his or her family unless such contact is approved by the court,

(vii) that the accused person shall not drive a mechanically propelled vehicle (within the meaning of the Road Traffic Act 1961 ) where the person has been charged with a serious offence relating to the driving of such a vehicle and the court considers it necessary to impose such a condition to prevent the commission of a serious offence connected with the driving of such a vehicle,

(viii) that the accused person shall be at a specified place between specified times during the period commencing at 9.00 p.m. on each day and ending at 6.00 a.m. on each following day. ]

(2) Where an accused person is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court shall direct that a copy of the recognisance containing the conditions of the recognisance be given to the accused person and to the surety or sureties (if any).

(3) Where an accused person is admitted to bail by a court on his or her entering into a recognisance subject to one or more of the conditions referred to in subsection (1)(b), that court may, on the application to it in that behalf at any time by the accused person, if it considers it appropriate to do so, vary (whether by the alteration, addition or revocation of a condition) a condition.

F18 [ (3A) A recognisance referred to in subsection (3) shall contain a statement that the accused person may apply to the court at any time to vary or revoke a condition of the recognisance. ]

(4) The prosecutor shall be given notice of, and be entitled to be heard in, any proceedings under subsection (3).

(5) Where a person charged with an offence is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court may, on the application to it in that behalf by a surety or sureties of the accused person or of a member of the Garda Síochána and upon information being made in writing and on oath by or on behalf of such surety or member that the accused is about to contravene any of the conditions of the recognisance, issue a warrant for the arrest of the accused person.

(6) A member of the Garda Síochána may arrest a person pursuant to subsection (5) notwithstanding that he or she does not have the warrant concerned in his or her possession at the time of the arrest.

(7) Where a person is arrested pursuant to subsection (6), the member arresting him or her shall, as soon as practicable produce and serve on the person the warrant concerned.

(8) A person arrested pursuant to F19 [ subsection (6) or (10) ] , shall, as soon as practicable, be brought before the court that made the order directing that the recognisance be entered into.

(9) Where a person is brought before a court pursuant to subsection (8), the court may commit the person to prison to await his or her trial or until he or she enters a fresh recognisance or, if he or she is on remand, further remand him or her.

F20 [ (10) Where a member of the Garda S í och á na

(a) with reasonable cause, suspects that a person who has been admitted to bail

(i) is about to contravene any of the conditions of the recognisance,

(ii) is in the act of contravening any of the conditions of the recognisance, or

(iii) has contravened any of the conditions of the recognisance,

and

(b) considers that it is necessary to arrest the person immediately to prevent harm to, interference with or intimidation of the person in respect of whom the offence is alleged to have been committed, a witness to the offence alleged or to any other person specified in a condition referred to in subparagraphs (v) or (vi) of paragraph (b) of subsection (1) ,

he or she may arrest the person without warrant. ]

Annotations:

Amendments:

F15

Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 9(a), S.I. No. 236 of 2007.

F16

Substituted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 6(a), S.I. No. 359 of 2017.

F17

Inserted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 6(b), S.I. No. 359 of 2017.

F18

Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 9(b), S.I. No. 236 of 2007.

F19

Substituted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 6(c), S.I. No. 359 of 2017.

F20

Inserted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 6(d), S.I. No. 359 of 2017.