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Bail in A Murder Case?

  • 04-03-2022 3:06pm
    Registered Users Posts: 71 ✭✭inisfree0504

    Sheer curiosity from reading about a recent case in the news.

    1) Why would someone charged with murder not apply or delay in applying to the High Court for bail? (Do they have to wait for some action from the DPP first or something?)

    2) Is it common to be granted bail when charged with murder? Say, for someone with no previous convictions and low risk of reoffending while awaiting trial?


  • Registered Users Posts: 25,108 ✭✭✭✭coylemj

    1. They might have an expectation that their bailsman will be asked to stump up a substantial amount of cash and organising this might take some time.
    2. No two cases are the same. It's all down to the judge on the day and the attitude of the prosecuting Garda.

  • Registered Users Posts: 71 ✭✭inisfree0504

    Thanks, but I don't think these apply in the case I am thinking of. I'll be more specific, but hope I am allowed to refer to particular cases here.

    A very successful professional was recently charged with murder. He has been remanded in custody for over two weeks now and to my knowledge has not made any application for bail.

    I'm sure he has the benefit of the best legal advice in the State, money is no issue, and I can't imagine he will fare very well in prison.

    Why would someone in his position not apply for bail?

  • Registered Users Posts: 2,207 ✭✭✭TooTired123

    Possibly there may be very serious threats against his life which would make being out on bail not an option.

  • Posts: 7,792 ✭✭✭ Tommy Obedient Barrel

    may be very serious threats against his life 

    Which prompts another question; if I may be so bold as to go hijacking thread

    Who are these people (generally speaking) that make 'viable threats' etc, ; either against the alleged victim/s or perpetrator/s? Who finds out about it, ie Gardaí 'warning' people about threats made against them,, This, to me, would appear to be a crime also. Does anything ever happen to the makers of these threats?

  • Registered Users Posts: 1,599 ✭✭✭Cyclingtourist

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  • Posts: 7,792 ✭✭✭ Tommy Obedient Barrel

    thanks, I thought so myself. How they 'get away with it' , apparently, is beyond me though.

  • Registered Users Posts: 78,082 ✭✭✭✭Victor

    If someone is homeless, they may have difficulty getting bail, so they might want time to also arrange accommodation.

    If substance abuse or mental health issues were involved in the event, they might want a few days to clear their head.

  • Registered Users Posts: 111 ✭✭billgibney

    Just my tuppence worth, but if they thought that they hadn't a hope of a not guilty verdict as the evidence was so overwhelming then they could get any future sentenced backdated to time spent on remand and be released that little earlier

  • Registered Users Posts: 6,021 ✭✭✭Claw Hammer

    Bail can only be applied for in the HGigh Court on a notice of motion. AThe prosecution must be served with a motion and grounding affidavit a number of days in advance of the hearing. The bail hearing will only take place when there is a high court judge free to take the bail application. The effect of this is that when aperson is refused bail in the District Court it will be over a week, at least, before they get a High Court bail application heard. In many cases it is in the second or third week of custody. In some High Court bail cases the DPP will agree terms and there is only a short hearing but in others there may be cross examination and a large number of documents to be considered and time will have to be set aside for a long hearing.