Courts / Ireland / Report
Garda policy of refusing station bail to domestic violence accused 'unlawful', challengers say
Summary
The High Court heard challenges to An Garda Siochana's alleged policy of refusing station bail to persons accused of breaching domestic violence orders. Lawyers argue that the 2017 Domestic Abuse Intervention Policy, which underpins the refusals, violates constitutional rights to justice and presumption of innocence. They claim the policy forces them to seek bail before District Court sittings after Garda custody. The court noted that the 1967 Criminal Procedure Act does not list domestic violence breaches as offences requiring Garda refusal of bail. Two cases were presented: a woman who was denied bail after a protection order was issued and later arrested for alleged breaches, and a man who was denied bail after a complaint of order breach. Both denied the charges. The applicants seek orders quashing the Garda decisions, declarations that the refusals are unlawful, and that the Commissioner's policy exceeds his powers. Mr Justice Charles Meenan granted ex‑parte permission for the challenges, with hearings adjourned to January.
Who, what, where, when and why
What: Report matter: Garda policy of refusing station bail to domestic violence accused 'unlawful', challengers say. Procedural stage: sentence
When:
- 2021-12-10 Publication
Why: That charge was subsequently dismissed by the District Court because she had not been served with the order prior to her arrest. CNI source report
Case subjects
Accused
Outcome: The judge who heard the case expressed their dissatisfaction over the man's arrest and subsequent detention.; The cases were adjourned to a date in January.
Places mentioned
- High Court
- local Garda Station
Topics
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