This report considers the law on bail as it currently stands, the efficacy of the existing legal framework and potential reforms to the operation of bail procedure. The suggested reforms contained within this report are intended to improve the effectiveness of the bail regime in order to ensure that, so far as is possible, the “series of failures” (in the words of Taoiseach Micheál Martin) and the "failures in the Courts Service and the criminal justice system that exposed Shane [O’ Farrell] to danger on the fateful day of his tragic death" (in the words of Tánaiste Simon Harris) do not occur again. However, as noted in my terms of reference framed by the Department of Justice this report must have: “due regard to the presumption of innocence, the prima facie entitlement to bail, and the impossibility of refusing bail to every person accused of offences”

Such fundamental constitutional and practical realities render the consideration of every bail application by a Judge an exercise in risk management. It is axiomatic that, as with any other exercise of this kind, risk can never be eliminated, only managed. Having completed my analysis of the current operation of the system, I have concluded that there are a variety of improvements that can and should be made in relation to the manner in which the current legal framework is implemented. Issues I have identified include the following:
• The manner in which information is collected, stored and shared between the Courts Service, An Garda Síochána and other state agencies is deficient, resulting in ineffective oversight of bail compliance;
• An increase in prosecutions coupled with a pre-existing lack of capacity of the Courts has resulted in lengthy delays in the processing of offences, often leading to accused persons being remanded on bail for months or years, thus increasing the likelihood of further offences committed on bail;
• Chronic prison overcrowding is currently resulting in those serving sentences being released from custody early in order to make room for those being remanded in custody having been refused bail;
• Prison overcrowding has also led to a decrease in rehabilitative supports, likely contributing to increased recidivism;
• The manner in which Gardaí seek to revoke bail is often lacking in consistency and left to the discretion of individual members;
• The general processes which apply to applications for the revocation of bail on foot of alleged breaches of bail conditions are inefficient and cumbersome resulting in the such applications being taken infrequently and inconsistently.