THE JUSTICE MINISTER has placed the onus on Gardaí, rather than on legislative change, to influence judges not to grant bail to suspects implicated in “serious” offences.

Minister Jim O’Callaghan was speaking to reporters at the UK-Ireland Summit in Liverpool today.

O’Callaghan fielded a question relating to concerns raised yesterday by Sinn Féin that suspects for 114,655 crimes committed since 2022 had been out on bail.

The party’s justice spokesperson Matt Carthy TD, questioned the “shocking” figures which indicated a 14% rise in crimes involving bailed suspects between 2022 and 2024.

Speaking today, Minister O’Callaghan pointed to a motion passed by referendum in 1996 which introduced the following amendment: 

Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.

He said he would like for the effects of the amendment to take place, but stopped short of committing to proactive changes in bail laws that would tighten up rules around decisions to grant bail to suspects implicated in the most serious crimes.

“It is a continuing issue in our criminal justice system that individuals whilst on bail are committing crimes,” he said. 

“Obviously, I can’t interfere with decisions that are being made by judges who are on the courts,” he added, before suggesting leaving it to Gardaí to help shape the court’s decision to award bail where they believe an individual poses an immediate threat upon release.

“What I can do, however, is obviously to encourage An Garda Síochána [...] to indicate very strenuously [to the courts] if they believe it is the case that there’s a likelihood a person will commit another serious offense.”

He added: “Before I start looking at changing the law, I just want to encourage the participants that I have some influence over in An Garda Síochána to try to give effect to the laws as provided for in the amendment.”

“We do have an issue in terms of capacity in our prisons, but in terms of bail, if the gardaí believed that somebody is likely to commit a serious offence if they’re granted bail, they shouldn’t be granted bail.”

- With reporting by Muiris Ó Cearbhaill in Liverpool