Criminal Justice (Miscellaneous Provisions) Act 2009

48.

Amendment of Bail Act 1997.

48.— The Bail Act 1997 is hereby amended—

( a) in section 5, by the insertion of the following subsection after subsection (4)—

“(5) The payment of an amount of moneys under a recognisance for transmission to the court to a person specified in section 22(3) of the Act of 1967 shall be deemed to be a payment into court for the purposes of this section and references in this section and in section 22 of the Act of 1967 to the payment of an amount of moneys into court and to moneys paid or to be paid into court shall be construed accordingly.”,

( b) in section 9 (as substituted by section 15 of the Criminal Justice Act 2007), by the substitution for that section of the following:

“Estreatment of recognisance and forfeiture of moneys paid into court.

9.— (1) Where an accused person or a person who is appealing against a sentence of imprisonment imposed by the District Court (in either case referred to in this section as ‘the person’) is admitted to bail on entering into a recognisance conditioned for his or her appearance before a specified court on a specified date at a specified time and place, and the person—

( a) fails to appear in accordance with the recognisance, or

( b) is brought before the court in accordance with subsection (7) and the court is satisfied that the person has contravened a condition of the recognisance,

the court may order—

(i) that any moneys conditioned to be paid under the recognisance by the person or any surety be estreated in such amount and within such period as the court thinks fit,

(ii) that any sums paid into court by the person or any surety be forfeited in such amount or amounts as the court thinks fit,

(iii) where a bank, building society, credit union or an An Post deposit book has been accepted as security for the amount of the recognisance, that the entity concerned pay into court that amount, or such lesser amount as the court thinks fit, from the moneys held by the person or any surety on deposit therein, and

(iv) where necessary for estreatment, that a receiver be appointed to take possession or control of the property of the person or any surety and to manage or otherwise deal with it in accordance with the directions of the court.

(2) Where a receiver—

( a) appointed under subsection (1) takes any action under this section in relation to property, and

( b) believes, and has reasonable grounds for believing, that he or she is entitled to take that action in relation to the property,

he or she shall not be liable to any person in respect of any loss or damage resulting from the action, except in so far as the loss or damage is caused by his or her negligence.

(3) Money recovered by the receiver may, to the extent necessary, be applied to meet expenses incurred in the performance of his or her functions and the remuneration of any person employed in that connection.

(4) The court may, on the application of a member of the Garda Síochána and on information being made in writing and on oath by or on behalf of the member that the person has contravened a condition of the recognisance (other than the condition referred to in subsection (1) that he or she appear before a specified court on a specified date at a specified place), issue a warrant for the arrest of the person.

(5) A member of the Garda Síochána may arrest the person pursuant to a warrant issued under subsection (4) notwithstanding that the member does not have the warrant concerned in his or her possession at the time of the arrest.

(6) Where subsection (5) applies, the member shall serve the warrant on the arrested person as soon as practicable.

(7) The arrested person shall be brought as soon as practicable before the court.

(8) Where a warrant has been issued under subsection (4), the person and any surety remain bound by their recognisances, and any money paid into court in connection therewith shall not be released before the conclusion of any proceedings under this section.

(9) Where the court makes an order under subsection (1), notice shall be given to the person and any surety stating that an application to vary or discharge the order may be made to the court within 21 days from the date of the issue of the notice.

(10) On such an application, the court may vary or discharge the order if satisfied that compliance with it would cause undue hardship to the person or any surety.

(11) The prosecutor shall be given notice of, and be entitled to be heard in, any application under subsection (10).

(12) Subject to subsection (13), if an order under subparagraph (i) of subsection (1) or any variation of it under subsection (10) is not complied with, a warrant of committal of the person or any surety for such non-compliance shall be issued by the court and, for the purpose of determining the term of imprisonment to be served by the person or surety, the warrant shall be treated as if it were a warrant for imprisonment for the non-payment of a fine equivalent to the amount estreated under the said subparagraph (i) of subsection (1).

(13) Where the person referred to in subsection (12) is a child within the meaning of section 110 of the Children Act 2001, non-compliance with an order under subparagraph (i) of subsection (1) or with any variation of it under subsection (10) shall be treated as a default in payment of a fine, costs or compensation under the said section 110 and the provisions of that section shall apply accordingly.”,

and

( c) in the Schedule to the Act by—

(i) the insertion after paragraph 7 of the following paragraph:

“7A. Any offence under section 3 of the Criminal Justice Act 1990 (certain murders and attempts).”,

(ii) the substitution in paragraph 28 of the following subparagraphs for subparagraph ( c):

“( c) section 16 (affray), and

( d) section 17 (blackmail, extortion and demanding money with menaces).”,

(iii) the substitution of the following paragraph for paragraph 28A (inserted by section 79 of the Criminal Justice Act 2006):

Offences under the Criminal Justice Act 2006.

28A. Any offence under the following provisions of the Criminal Justice Act 2006

( a) section 71, 72 or 73 (organised crime);

( b) section 176 (reckless endangerment of children);

( c) section 183 (possession of article intended for use in connection with certain offences);

( d) section 183A (possession of monies intended for use in connection with certain offences).”,

and

(iv) the insertion after paragraph 33 of the following paragraph:

Offences under the Prisons Act 2007.

34. Any offence under section 36 of the Prisons Act 2007.”.