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Report

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Publication Details

Criminal Law Assignment 2014, DIT, School of Languages, Law and Social Sciences.

Abstract

Bail can be defined as:

The setting at liberty of an accused person upon others becoming sureties for the accused at his trail. The decision to admit a person to bail is judicial matter and, consequently, the court cannot delegate the exercise of this judicial power to an administrative official[1].

According to the above definition it should be emphasized that an accused person has to ensure the State that he/she will return to the court proceedings or Garda Síochána Station at the particular time. It is imperative that bail is established on the fact that a criminal is deemed to be innocent until his guilt is proved.

The Irish bail system is based on the following legislation[2]:

  • “Offences Against The State Act 1939”
  • “Official Secrets Act 1963”
  • “Criminal Procedure Act 1967”
  • “Criminal Justice Act 1984”
  • “Bail Act 1997”
  • “Criminal Justice Act 2006”
  • “Criminal Justice Act 2007”
  • “Criminal Justice (Miscellaneous Provisions) Act 2009”

[1] H. Murdoch, Murdoch’s dictionary of Irish Law, Dublin 2004; DPP v Goulding [2000] 1 ILRM 147. “The accused is bailed into the attendance of the accused at the trail or be liable to the State for the sums secured in the event of his non-apperance”.

[2] The Courts Service of Ireland, [online:] [http://www.courts.ie/courts.ie/library3.nsf/PageCurrentWebLookUpTopNav/Home], accessed on the 20.10.2014.

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