Bail Act 1997

Endorsement on warrants as to release on bail.

8

8. (1) Where a court issues a warrant for the arrest of a person, the court may direct that the person named in the warrant be on arrest released on his or her entering into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before a court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts F26 [ (if any) ] in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognisance.

(2) Where such an endorsement is made, the member of the Garda Síochána in charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognisance, with or without surety or sureties, approved by that member and F27 [ , if the court, having regard to the circumstances of the case, including the means of the person and the nature of the offence to which the warrant relates, so orders ] upon the payment of—

( a) an amount equal to one third, or

( b) such greater amount as the court may determine,

of F28 [ any moneys conditioned to be paid under a recognisance ] entered into by a person.

(3) Any moneys paid to a member of the Garda Síochána under subsection (2) shall be deposited by him or her with the district court clerk for the district court area F29 [ where the courthouse at which the arrested person is conditioned to appear is situate ].

(4) This section shall not apply to a person arrested under section 251 of the Defence Act, 1954, on suspicion of his or her being a deserter or an absentee without leave from the Defence Forces.

Annotations:

Amendments:

F26

Inserted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 14(a), S.I. No. 236 of 2007.

F27

Inserted (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 33(b), commenced on enactment.

F28

Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 14(b), S.I. No. 236 of 2007.

F29

Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 14(c), S.I. No. 236 of 2007.