Bail Act 1997

6B

F22 [ Electronic monitoring of certain persons admitted to bail.

6B. ... ]

Annotations:

Amendments:

F22

Inserted by Criminal Justice Act 2007(29/2007), s. 11, not commenced as of date of revision.

F23

Substituted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C1

Prospective affecting provision: subs. (1) amended by Criminal Justice Act 2017 (14/2017), s. 7, not commenced as of date of revision.

F22 [ 6B. (1) Subject to subsection (2) , where a person (in this section referred to as the person ) who

( a ) is charged with a serious offence or is appealing against a sentence of imprisonment imposed by the District Court, and

( b ) is admitted to bail on entering into a recognisance which is subject to any of the conditions mentioned in subparagraphs (i) and (iv) of section 6(1)(b) ,

F23 [ the court may, on application to it in that behalf by the prosecutor, make the recognisance subject to the following further conditions: ]

... ]

C2

Prospective amending provision: section inserted by Criminal Justice Act 2007 (29/2007), s. 11, not commenced as of date of revision.

F22 [ Electronic monitoring of certain persons admitted to bail.

6B. (1) Subject to subsection (2), where a person (in this section referred to as the person ) who

( a ) is charged with a serious offence or is appealing against a sentence of imprisonment imposed by the District Court, and

( b ) is admitted to bail on entering into a recognisance which is subject to any of the conditions mentioned in subparagraphs (i) and (iv) of section 6(1)(b) ,

the court may make the recognisance subject to the following further conditions:

(i) that the person s movements while on bail are monitored electronically so that his or her compliance or non-compliance with a condition mentioned in any of the said subparagraphs can be established;

(ii) that for that purpose the person has an electronic monitoring device attached to his or her person, either continuously or for such periods as may be specified; and

(iii) that an authorised person is responsible for monitoring the person s compliance or non-compliance with any condition mentioned in the said subparagraphs or in paragraph (ii) of this subsection.

(2) A recognisance shall not be made subject to the further conditions mentioned in subsection (1)

( a ) if the person is to reside or remain in a particular place, without the consent of the owner of the place or of an adult person habitually residing there, or, as the case may be, of the person in charge of the place, and

( b ) unless the person agrees to comply with those further conditions.

(3) The court shall direct that a copy of the recognisance containing the conditions to which it is subject be given to

( a ) the person and any surety,

( b ) the member in charge of the Garda S í och á na station for the place where the person is residing while the recognisance is in force, and

( c ) if an authorised person is to be responsible for monitoring the person s movements electronically, the authorised person.

(4) The court, on application to it by a person whose recognisance is subject to one or more of the conditions or further conditions referred to in subsection (1) , may, if it considers it appropriate to do so, vary a condition of the recognisance, whether by altering or revoking it or by adding a further condition to it.

(5) 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.

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

(7) Without prejudice to section 6(5) , the court may issue a warrant for the arrest of the person on information being made in writing and on oath by an authorised person, any surety or a member of the Garda S í och á na that he or she is about to contravene any of the further conditions referred to in paragraph (i) or (ii) of subsection (1).

(8) Subsections (6) to (9) of section 6 apply, with the necessary modifications, in relation to a warrant issued under subsection (7) of this section as if the warrant had been issued under subsection (5) of that section.

(9) This section does not apply in relation to a person under the age of 18 years. ]

Editorial Notes:

E3

The section heading is taken from the amending provision in the absence of one included in the amendment.