Discretion given to judges deciding bail allows ‘bias, prejudice and undue leniency’

Irish-Council-For-Civil-Liberties News

Discretion given to judges deciding bail allows ‘bias, prejudice and undue leniency’
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Report finds Irish nationals are more likely to be granted bail than those from outside the country

Damien Coffey, partner at Sheehan and Partners LLP, says the new research 'demonstrates that there has been a dramatic increase in pretrial detention figures in Ireland'. Photograph: Frank Miller

However, the discretionary nature of the bail procedure leaves it open to the inherent biases of the decision-maker, ie the judge to which the bail application is made. The report also noted that the State holds a disproportionate number of accused people in pretrial detention, an increase in accused people remanded in custody for less serious crimes, and an increase in the average duration of remand.

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