Residing overseas while on bail

letoh

Is there anyone here who is familiar with the rules of bail or who can point me to the rules governing conditions of bail in Ireland? Are there conditions/clauses under which a defendent may be allowed to reside overseas while awaiting trial due to employment for example? Can appeals for such leniency be granted in court? (for the sake of argument consider that this is a relatively minor offense we are talking about by the way, maximum sentence 1 year and a defendent with no prior convictions and good character)

cushtac

I'd expect any such application to be opposed by the Garda/DPP.

letoh

Thanks, well does anyone know how common it is for passports to
be seized etc when charged? Is this run of the mill or only done in cases where the Gardai are dealing with recidivistic types and/or serious crimes. For example if one were required to sign on weekly at a garda station but allowed to keep their passport they could in theory hold down a job overseas with weekly flights in and out of the country.

Surely an innocent person cant be expected to give up their entire life while waiting to have false allegations dismissed? (i'm irish by the way, just hold a job overseas)

MagicSean

letoh wrote: »

Thanks, well does anyone know how common it is for passports to
be seized etc when charged? Is this run of the mill or only done in cases where the Gardai are dealing with recidivistic types and/or serious crimes. For example if one were required to sign on weekly at a garda station but allowed to keep their passport they could in theory hold down a job overseas with weekly flights in and out of the country.

Surely an innocent person cant be expected to give up their entire life while waiting to have false allegations dismissed? (i'm irish by the way, just hold a job overseas)

If they are false allegations any financial burden can be addressed afterwards via a civil case.

letoh

Thats a good answer. But what I'm asking is about passports, Is it common for people to be allowed to keep their passports in minor criminal cases (like i said, less than 1 year maximum penalty)? I have no experience in the matter.

cushtac

When taking up bail you've to give an address where you reside, if the address is outside the country it's unlikely that the Garda will offer bail. If you give an address in Ireland then leave the country, and if this is discovered, you can expect to be taken back in front of a court for breach of the bail.

Delancey

letoh wrote: »

Thats a good answer. But what I'm asking is about passports, Is it common for people to be allowed to keep their passports in minor criminal cases (like i said, less than 1 year maximum penalty)? I have no experience in the matter.

To my knowledge the requirement to surrender a passport is a very specific condition laid down by the court and there is not a general power to demand a passport be handed up.
That said if found to be in breach of bail conditions by not residing at an address in the jurisdiction then that person faces arrest , a court appearance and very possibly a custodial remand - not nice.