Wednesday, February 2, 2011

Bail In Criminal Law In Ireland | BusinessAndLegal.ie

Bail is the releasing of a person from custody in return for which the accused person undertakes to pay a sum of money to the court if he does not appear at the next court sitting to which he is remanded.

When bail is granted to the accused person he enters into a recognisance (guarantee)that he will show up in court at the appointed date and will abide by any terms and conditions which might be part of his bail bond.

An application for bail can be made at the District Court sitting to which he is returned if he has not been released on station bail.

The seminal authorities in Ireland in relation to access to bail are The Bail Act, 1997 and O’Callaghan’s case.

There are certain offenses such as murder for which bail can only be obtained in the High Court.