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Bail law recommendations may lead to 'fundamental change' - barrister

The report compiled by Lorcan Staines SC was commissioned by Minister for Justice Jim O'Callaghan
The report compiled by Lorcan Staines SC was commissioned by Minister for Justice Jim O'Callaghan

The barrister who carried out a review into the country's bail laws has said if "tweaks" are made to the legislation, it will result in "fundamental change".

The report compiled by Lorcan Staines SC was commissioned by Minister for Justice Jim O'Callaghan following his apology to the family of the late Shane O'Farrell.

Mr O'Farrell was killed in August 2011 when he was struck by a car driven by a person who was on bail for a series of offences at the time.

Bail is the temporary release of someone awaiting trial, usually secured by money paid to a court.

Mr Staines said that he has made 15 recommendations in the report.

Speaking on RTÉ's Morning Ireland, he explained that he has recommended small changes. He said that if these "tweaks" are made, they will result in significant changes.

He said that in doing the review, he looked for submissions from all stakeholders for their input.

"Effectively, the question for me, first and foremost, was do we need a fundamental change to our bail laws? Do we need to amend our constitution?," he said.

Mr Staines said that gardaí, the DPP's office, the Court Services, the Bar Council and the Law Society - the five biggest stakeholders within the system - and victims' organisations, are not calling for a constitutional amendment or a fundamental change.

"So, I don't make that recommendation for a fundamental change, but what I do is I make 15 recommendations, each of which, if you look at them in isolation, that may be a tweak.

"But if all 15 of those tweaks or changes are made, you will have a very fundamental change," he said.

He said that one of his recommendations is that gardaí should have a power of arrest where they reasonably suspect that an individual is in breach of their bail conditions.

Other recommendations include the introduction of legislation to place people under house arrest in cases where bail would otherwise be refused and more bail conditions which could require people to attend things like addiction counselling.

He said that these changes would "greatly reduce the risk" of someone being a victim of a crime committed by someone out on bail.

Over 40,000 crimes were committed by people out on bail last year, over 1,500 assaults over two years, almost 50 cases of sexual assault over three years, and almost 2,500 cases of being caught in possession of offensive weapons.

"So, it's very important to understand that a judge is making a difficult decision when deciding whether to grant someone bail or not and especially when you're dealing with serious offences, the assessment of the judge is an assessment in risk management.

"And as anyone in risk management will tell you, you can never eliminate risk, you can reduce it.

"And if these recommendations are put in place, the risk will be dramatically reduced but it can never be eliminated," added Mr Staines.

Also speaking on the programme, Lucia O'Farrell, the mother of Shane O'Farrell, said: "From our research into what happened to Shane, it was very clear that there was a lot of failure across the criminal justice system, and particularly with bail.

"And so, we were very pleased when Minister O'Callaghan requested an independent review by a senior counsel to look at the bail laws, that he could independently assess them and see whether there was need and how they should be reformed.

"And I think he's done a good report. It's important now that the recommendation he makes are implemented, I suppose, for us that's very important," Ms O'Farrell added.