Station Bail After Being Arrested
If you are charged with a criminal offense in a Garda station after being arrested you may be eligible to be released on station bail.
After being given the charge sheet which sets out the offences for which you are being charged you will be released on “station bail” provide there are not outstanding warrants out for your arrest.
You will be entering a guarantee on your behalf, called a recognisance, to appear at the next sitting of the District Court; if you don’t appear this is a criminal offence which can attract a prison sentence of up to 12 months and the Judge will issue a bench warrant for your arrest.
Serious offences will render you ineligible for station bail and you will have to apply to the High Court with a bail application for such offences as murder.
See also-Types of criminal offences in Ireland
If you are not given station bail then you can apply at the District Court at which you next appear for release on bail and the Judge is obliged to grant you bail provided you are not charged with a section 29 of the Criminal Procedure Act, 1967 offence such as murder and new organized crime offences from the Criminal Justice Act, 2007 such as participation in organized crime, conspiracy to commit a serious offence and other organized crime related offences.
Applying to the High Court for bail
Since the bail referendum in Ireland in 1996 the High Court can refuse your application for bail if it is of the view that it is necessary to prevent the commission of a further serious offence.
The Bail Act of 1997 sets out the criteria the court must consider when considering a bail application and in coming to their decision as to the likelihood of the commission of a further serious offence.
The guiding criteria include
- The seriousness of the offence with which you are charged
- The evidence in support of the charge
- Any previous convictions
- Whether you are addicted to a controlled drug.
The Bail Act of 1997 lists the offences that are considered to be “serious offences” and this is a large list ranging from shoplifting offences to road traffic offences to murder and the offence must be punishable by a prison sentence of at least 5 years.
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