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Revoking Bail?

  • 01-02-2010 8:59pm
    #1
    Legendgirl
    Closed Accounts Posts: 1 ✭


    I bailed someone awhile ago in the district court in Wexford and now I have been reliably informed they intend to skip the country. He was sentenced to 3 months imprisonment and my bail money was surety that he'd turn up to appeal hearing in the Circuit Court.I have rung Garda Stations, court office, and two solicitors and none of them have been able to advise me on how to revoke my bail agreement, one told me I would need to get a barrister but as they charge upwards of 1000euro its a joke, has anyone any advice please!


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    That's pretty lousy - even more so because subject to what anyone else can say, I believe you fall into a gap in the law. Basically if someone is charged with an offence, a surety (like yourself) can apply to court where they believe the person is about to breach bail and so prevent the money being taken. However, only the Gardai can apply in respect of recognisance ('bail') granted on an appeal from district court to circuit court.

    I'm not going to go through all the sections dealing with bail in the district court/on indictment and applications to revoke where someone is about to abscond because none apply here.

    Anyway, first option - only the gardai can apply. Find the gard prosecuting the chap in question and tell them the story. They are entitled to apply to revoke his recognisance ('bail') under Section 9 of the Bail Act 1997 as substituted by Section 15 of the Criminal Justice Act 2007 and will be only too delighted to do so.

    Next thing in case that doesn't work - do this anyway - just because he doesn't turn up doesn't mean the money is gone. Write a letter to the prosecuting garda/local garda station telling them he's going to skip the country and you want your surety revoked. If there is an order for the 1000 quid to be taken by the State you will get a letter saying this and you'll have 21 days to apply to have the order varied. That's when you fill in the form to do so (comes with the letter usually) and then you turn up in due course with your letter saying you told the gardai what was going to happen and I absolutely guarantee you your money will be safe.


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