Bail, UK and Ireland

MarkAnthony

What happens if the suspect is in breach of bail conditions and is caught by police? Does the money get returned when the person is placed in prison?

Watching way too much traffic cops :pac:

Ken.

Read this. http://www.independent.ie/irish-news/courts/woman-who-stood-30k-bail-for-man-who-fled-country-before-manslaughter-trial-loses-two-thirds-of-amount-31413802.html

A woman whose friend fled the country before his trial for false imprisonment and manslaughter has had her bail bond partially forfeited to the State.

Karen Duffy, of Hampton Wood, St Margaret's, Dublin acted as an independent surety for Mark Allen (36) when he was granted High Court bail in January 2012 pending a trial for his role in the disappearance of Ciaran Noonan in 2011.
Dublin Circuit Criminal Court heard that there were strong garda objections at the time to both Allen being granted bail and Ms Duffy acting as his independent surety, on the basis that Allen was a flight risk and Ms Duffy was involved in a long term relationship with another serious criminal.

I think she took a chance and she lost,” Judge Nolan said before he ordered that €20,000 of the €30,000 bail bond be forfeited to the State.
“She can keep €10,000 to herself,” Judge Nolan said.

Peregrinus

MarkAnthony wrote: »

What happens if the suspect is in breach of bail conditions and is caught by police? Does the money get returned when the person is placed in prison?

Watching way too much traffic cops :pac:

In general the entire bail bond is liable to forfeiture if there is any breach of the bail conditions.

ezra_

Where does the money go? Does it flow into the general exchequer, or do the Courts Service/Guards get to keep it?

Peregrinus

I think it goes into court funds, where it is available to pay for the running of the courts service (and thus reduced the amount they have to get from the Central Fund).

Ken.

To my mind it should be used to pay for any Garda overtime and expenses that are incurred in getting back the absconder. In the case I linked to the judge should be made pay up something too. He was told on the day by 4 senior Gardai that the dude was a flight risk and he still gave bail.

Victor

Aside from bail being revoked and loss of the bond, can one be punished for breaching bail conditions (not including things that would be an offence anyway, e.g. harassing witnesses)?

Peregrinus

If you have been bailed for a criminal offence and fail to appear when due, that it itself a criminal offence (of which you can be convicted eve if you are acquitted on the charge for which you were bailed in the first place). The max penalty is 12 months.

However I think other breaches of your bail conditions - e.g. lets say you are required to report twice a week to the guards, but fail to do so - are not offences. They render you liable to forfeit your bail bond, and of course to be rearrested and detained, but they don't attract any additional conviction or sentence.