Procedure On Admitting To Bail : S.I. No. 194 Of 2001
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No18-S.I. No. 41 Of 2008: District Court (Criminal Justice Act 2007) Rules 2008
No18-S.I. No. 105 Of 2009: District Court (Criminal Justice Act 2006) Rules 2009
No18-S.I. No. 33 Of 2010: District Court (Criminal Justice (Amendment) Act 2009) Rules 2010
No18-S.I. No. 260 Of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
Procedure on admitting to bail
O.18, r.1 Admission to Bail
* 1. Subject to rule 2 hereof a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge to be a case in which bail ought to be allowed if such person is to be granted bail it shall be in the discretion of the Judge to determine the amount of bail and whether the bail shall be with or without a surety or sureties and the amount in which each surety shall be bound.
Bail in cases of treason, murder and certain other offences
† 2. A person charged with any of the following offences shall not be admitted to bail except by order of the High Court:
(b) an offence under section 2 and 3 of the Treason Act, 1939,
(c) an offence under section 6, 7 and 8 of the Offences Against the State Act, 1939,
(d) a grave breach such as if referred to in section 3 (1) (i) of the Geneva Conventions Acts, 1962,
(e) an offence under section 9 of the Official Secrets Act, 1963 or An offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State,
(f) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact.
(g) an offence under section 7 of the Genocide Act, 1973.
(h) n offence under the Criminal Justice (United Nations Convention against Torture) Act 2000
3. Before taking a recognisance the court shall in every case satisfy itself as to the sufficiency and suitability of any person proposed to be accepted as a surety for the purpose of bail.
‡4. Refusal of bail at a particular appearance before the Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial.
5. (1) Where a court admits a person who is in custody to bail the person shall not be released until
(a) an amount equal to one third, or
(b) such greater amount as the court may determine, of any recognisance entered into by a person in connection therewith has been paid into court
Security in lieu of moneys
(2) (a) Where a court admits a person to bail, the court may, in lieu of the payment of moneys into court by the person or, where a surety or sureties are required by the court, by his or her sureties, accept as security such instrument which is evidence of the title of a person to property (other than land or any estate, right or interest in or over land) as it considers adequate.
Order section 5(2)(b)
(b) Where a bank, building society, credit union or post office deposit book is accepted as security by a court the court shall make an order directing the bank, building society or credit union concerned or an Post as the case may be, not to permit the moneys on deposit to be reduced below
(i) an amount equal to the amount required to be paid into court, or
(ii) the amount then on deposit whichever is the lesser
(c) An Order made under section 5(2) (b) of the Bail Act 1997 shall be in the Form 18.9 and shall be served by the Clerk on the relevant bank, building society credit union or An Post by prepaid ordinary post.
(d) Where the court makes an order as aforesaid the instrument shall be held in the custody of the district court clerk until the order is discharged.
(3) Where a court decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail be accepted in lieu of such surety or sureties. Such sum is additional to the amount specified in rule 5(2).
(4) On lodgement of the required sums or security with
(a) the clerk of the court area in which the order admitting to bail was made
(b) or the Governor of the prison wherein the accused is in custody
and on completion of the recognisance in the ( Form 18.1, 18.2 or 18.3) the person shall be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.
(5) The Clerk or Governor receiving such moneys shall issue a receipt for each lodgment and shall complete the certificate of such lodgement on the recognisance.
6. The Court shall direct that a copy of the recognisance containing the conditions of the recognisance be given to the accused person and to any surety or sureties.
7. Any such money received shall be deposited by the Governor receiving it with the Clerk of the court area in which it is situate the Court before which such person is to appear.
8. Where the recognisance is conditioned for the appearance of such person before a Court other than a sitting of the District Court the money shall be deposited by the Clerk or Governor receiving it with the appropriate County Registrar or the appropriate officer of the Central Criminal Court or the Special Criminal Court as the case may be.
Repayment of moneys lodged
9. The Clerk or Governor, as the case may be, shall give a receipt for the money lodged to the party entering into the recognisance.
10. Where a person charged with an offence is admitted to bail by a court and
(a) He or she is discharged in relation to that offence pursuant to section 8(5) of the Act of 1967 or otherwise.
(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or
(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty
and if the conditions of the recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order (Form 18.6) that the amount of any recognisance paid into court by any person in connection therewith shall be repaid to the person and shall discharge any order made under section 5(2) of the Bail Act 1997 and release any security accepted by the court under that subsection (2) Where the Court makes an order discharging a direction under section 5(2)(b) the clerk shall serve a copy of said order in the Form 18.10 by prepaid ordinary post on the relevant bank, building society or credit union or An Post.
Consent to Bail committal warrant
11. Where the recognisance is not perfected forthwith the Judge may certify on the committal warrant a consent to such person being bailed, stating the amount of bail required.
Where person committed to prison without bail – bail may subsequently be granted
12. Where on remand or on sending forward for trial or sentence a person is committed to prison without bail the Judge may, at any time prior to the day of the adjourned hearing or the first day of the sittings of the Court to which such person has been sent forward for trial or sentence, determine that such person be admitted to bail, and may by body warrant (Form 18.7 Schedule B) cause such person to be brought before him or her for the purpose of being so admitted to bail, or by certificate (Form 18.8 Schedule B) signify to the governor of the prison his or her consent to bail, stating the amount of bail required.
Peace Commissioner may admit to bail in prison
13. Where a certificate of consent to bail is granted, a Peace Commissioner at the prison or other place wherein the person is in custody shall, on production of the certificate, admit such person to bail as directed by the certificate, at any time before the day of the adjourned hearing if such person is on remand or before the first day of the sittings of the Court before which such person is to be tried or sentenced if he or she has been sent forward for trial or sentence.
Take recognisance of sureties unable to attend
14. Whenever it is not convenient for a surety to attend at the prison wherein the person is in custody to join with that person in the recognisance then a Judge or Peace Commissioner having jurisdiction in the place where the proposed surety resides may take the recognisance and shall then cause it to be forwarded to the Clerk of the court area wherein the order committing the person was made. Such Clerk shall transmit the recognisance of the surety to the Governor of the prison wherein the person is in custody and thereupon a Peace Commissioner attending at such prison may (upon production of the recognisance already taken from the surety) take the recognisance of such person and admit him or her to bail.
Governor to release person on completion of recognisance
15. Where a Peace Commissioner at a prison admits to bail a person there in custody, and in respect of whom a certificate of consent to bail has been granted, the Governor shall thereupon release such person unless he or she is in custody for a cause other than the offence in respect of which bail is granted.
Transmitting recognisance to clerk
16. A recognisance taken by a Peace Commissioner shall be transmitted to the Clerk of the Court before which the person is bound by the recognisance to appear.
Provisions to apply to witness
17. The provisions of this Order shall, with any necessary adaptations, apply to a witness who is granted bail or is remanded in custody with or without consent to bail.
May be taken at any time
18. A recognisance of an accused and of the sureties if any, under this Order may be taken on any day and at any time.
* Criminal Procedure Act, 1967 [s.28(1)].
† Criminal Procedure Act, 1967 [s. 29(1)], as amended
‡ Criminal Procedure Act, 1967 [s.28(2)], § Criminal Procedure Act, 1967 [s. 28(2)], Criminal Procedure Act, 1967 [s. 26]