Minister Jim O’Callaghan publishes report into operation of bail in Ireland

Minister for Justice, Home Affairs and Migration Jim O’Callaghan has today published the report on the operation of bail in Ireland prepared by Senior Counsel Lorcan Staines.

The report, ‘An Assessment of the Efficacy of Bail Laws in Ireland’, considers the legal framework surrounding bail and assesses the current operation of the criminal justice system as it relates to the bail process.

Minister O’Callaghan informed Government yesterday (26 November) of his intention to publish the report.

The commissioning of the report arose from concerns regarding bail processes and their applicability to recidivist offenders. These concerns were acknowledged in the Minister’s apology to the family of the late Shane O’Farrell, who was tragically killed in August 2011 when struck by a car driven by a person who was on bail for a series of offences at the time.

Minister Jim O’Callaghan said:

An Assessment of the Efficacy of Bail Laws in Ireland contains 15 recommendations.

Minister O’Callaghan has now asked his officials to consider the feasibility of implementing each of them.

The recommendations include proposed investment for improved information sharing systems for both An Garda Síochána and the Courts Service; the implementation of an adult bail supervision scheme to ensure the proper management of recidivist offenders; the amending of current bail legislation to significantly expand the conditions which may be attached to the granting of bail; and further legislative amendments to improve the legal framework surrounding bail.

The report is available online at the following link:

An Assessment of the Efficacy of Bail Laws in Ireland

In May 2025, Minister for Justice, Home Affairs and Migration Jim O’Callaghan announced that he intended to appoint a Senior Counsel to undertake an assessment of the current operation of bail in Ireland, both legal and practical.

Mr Lorcan Staines, SC, was subsequently appointed to undertake the review and was asked to include appropriate recommendations, considering the requirements of constitutional justice and the impossibility of refusing bail to every person accused of an offence, particularly a summary offence.

Following an analysis of various potential reforms which may address deficiencies, Lorcan Staines made the following recommendations:

1. Significant and immediate investment should be made in the information sharing systems for both An Garda Síochána and the Courts Service. The accurate recording and sharing of information between these bodies should be prioritised.

2. An adult bail supervision scheme should be implemented, incorporating a wrap-around scheme with the necessary supports and services to ensure the proper management of recidivist offenders.

3. Legislation should be introduced providing for house arrest

(i) limited to cases where bail would otherwise be refused,

(ii) including a proportionality test and

(iii) allowing any party to apply for its imposition as a bail condition.

4. Further consideration should be given to the manner in which the system of electronic tagging is intended to operate and whether such a system would survive judicial scrutiny. If such a system is to be implemented the current legislation providing for electronic tagging should be amended to (i) limit its application to cases where bail would otherwise be refused,

(ii) include a proportionality test and

(iii) allow any party to apply for its imposition as a bail condition.

5. Current bail legislation should be amended to significantly expand the conditions which may be attached to the granting of bail to include positive obligations such as the attendance at counselling, addiction or employment services where same are available. Positive obligations should only be imposed where an evidential basis exists for their imposition and consent of the accused should be sought.

6. An amendment should be made to the District Court Rules to provide that fine only matters shall proceed in the absence of the accused where:

(i) The Court is satisfied that the accused was duly served or made aware of the time and place of the proceedings;

(ii) There are no exceptional circumstances which would result in inordinate unfairness to the accused. An accused person may later make an application to have any determination of the Court set aside on the basis that they were not been served with the proceedings or were not aware of the time and date of the proceedings.

7. The responsibility for the prosecution of offences should be removed from the Gardaí and all future Court proceedings should be conducted by legal professionals. I note that a Prosecution Steering Committee led by the Department of the Taoiseach is currently considering this issue.

8. Legislation should be introduced allowing the member in charge of a Garda station to grant bail to an accused who has taken a bench warrant where there is no Garda objection to bail.

9. Legislation should be introduced allowing the member in charge of a Garda station to attach conditions to a station bail bond. This legislation should set out the factors which must be considered by the member in charge in deciding whether to grant station bail.

10. The Bail Act 1997 should be amended to provide that a member of An Garda Síochána who reasonably suspects that a person has breached a condition of their bail bond may arrest them without warrant, in order to bring them before the Court forthwith for the purposes of an application for the revocation of bail or the amendment of bail conditions.

11. The following offence should be amended to increase the maximum penalty on conviction to 5 years imprisonment if tried on indictment and should thereafter be added as a scheduled offence to the Bail Act 1997:

• Section 33 of the Domestic Violence Act 2018 - breach of a domestic violence court order.

12. The following offences should be added as scheduled offences to the Bail Act 1997:

• Section 38 of the Domestic Violence Act 2018 - forced marriage.
• Section 39 of the Domestic Violence Act 2018 - coercive control.
• Section 41 of the Criminal Justice Act 1999 - intimidation of witnesses

and jurors.

• Section 12(1) of the Sex Offenders Act 2001 – Breach of notification

requirements by a sex offender.

13. A legislative provision should be introduced to allow the prosecution to appeal against the granting of bail in the Circuit Court.

14. Guidelines should be developed with the judiciary in relation to the processing of bail applications, particularly where they relate to the execution of bench warrants and the fixing of recognisance.

15. Further discussion and analysis should take place between the judiciary, the Courts Service, the Irish Prison Service and the Department of Justice in relation to the manner in which cash bail is utilised as a condition of bail and whether it should be abolished.