Thursday, April 27, 2017

Crimes by people out on Bail

by Seán McCárthaigh

Almost 1 in 8 of all crimes recorded last year were committed by a person on bail for another offence.
Figures obtained by Data Journalism Ireland show the rate of crimes carried out by individuals on bail has been growing steadily in recent years – rising from 9% of all crimes in 2011 to 13% in 2016.
Almost 26,000 crimes including 6,214 thefts and 1,377 burglaries last year were committed by individuals who had been released from custody while awaiting trial for a separate offence.
They equate to 10% of all thefts and 7% of all burglaries over the period.
Individuals on bail were also responsible for two homicides as well as 24 rapes and sexual assaults during 2016.
Figures provided by the Central Statistics Office show 25,543 offences out of 198,634 of all crimes recorded by gardaí last year were carried out by people on bail.
Although overall crime levels have fallen continuously since 2011, including a 1.6% reduction last year, the proportion of offences committed by those on bail has grown over the same period.
Over 144,500 offences by people on bail have now been logged in the past six years
CSO figures show 11% of 442 homicides over the period were by offenders granted bail – a total of 48 violent deaths.
Criminals out on bail are most likely to be involved in robberies and weapons and firearms offences with official figures showing they are responsible for almost a fifth of such crimes.
Bail offenders committed over 2,800 robberies and almost 2,900 firearm offences since 2011 – 18% of the total of both crime categories.
They were also responsible for over 34,000 thefts and more than 10,700 burglaries and a similar number of drug offences over the same period.
People on bail also committed over 27,000 public order offences between 2011 and 2016 – 12% of all such offences.


Justice Minister Frances Fitzgerald said she had published the Bail (Amendment) Bill last December as part of the Government’s response to crime in order to provide for stricter bail terms for repeat serious offenders.
Ms Fitzgerald said the proposed legislation would also strengthen Garda powers to deal with breaches of bail conditions.
The minister said the bill, which is currently going through the Oireachtas, would make the law as effective as possible in protecting the public against crimes committed by persons on bail, while also acknowledging that there is a constitutional presumption in favour of bail as people were considered innocent until proven guilty.
“The new bill specifically provides that the courts must have regard to persistent serious offending by an applicant for bail,” said Ms Fitzgerald.
The legislation also allows for electronic monitoring to be imposed as a bail condition.
haron Mitchell, a spokeswoman for Advic, an organisation representing the families of homicide victims, said the latest CSO figures highlighted the need for a tightening of bail laws.
She expressed concern that 11 per cent of all homicides in the past six years were committed by people on bail.
“The rise in the number of people carrying out crime while out on bail as well as those who reoffend after being released from prison goes to show there is a need for harsher sentencing,” Ms Mitchell said.
“The way the criminal justice system operates at present does not seem to provide sufficient deterrent,” she added.
Although Advic has welcomed the proposed new bail legislation, Ms Mitchell said it only meant offenders were less likely to get bail.
“It doesn’t mean they won’t get bail,” she said. “Judges in the past have sometimes been too lenient, but also their hands can be tied by guidelines.”
“The system needs to realise the devastation that is caused to families by such crimes, particularly when they are committed by people who are out on bail. In many cases, these are people who should have been kept away from the public until they go on trial for the original offence,” Ms Mitchell said.
She also called for bail to be refused in future to anyone who had been convicted of a prior offence while on bail.


Monday, April 10, 2017

Sexual Offences - Recent V Historical - The Breakdown

Breakdown between recent and historical reporting of rape and sexual assault








The number of rapes and sexual assaults being reported by victims to gardaí within a week of the attack has increased steadily in the past five years.

Figures obtained by The Times show the number of such recorded crimes has risen from 742 in 2012 to 1,021 last year – an increase of 38 per cent.

The proportion of recent sexual offences (within 7 days) of the total number of rapes and sexual assaults being reported is also rising – from 35 per cent of all such crimes in 2012 to 40 per cent in 2016.

The figures also reveal that almost half of all victims of rapes and sexual assaults wait at least 12 months before contacting gardaí.

Over 44 per cent of all sexual offences recorded in the last five years relate to crimes which occurred over a year earlier.

In some cases, the crimes can go back decades as adults report incidents which occurred when they were children.

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More than a quarter of all cases related to incidents of historical abuse where sexual abuse took place over 10 years before being reported.

An analysis of almost 11,000 reports of sexual offences made to An Garda Síochána between 2012 and 2016 show just over 4,700 crimes occurred at least 12 months before they were reported, of which 2,769 had been committed at least a decade earlier.

It is the first time figures have been released which indicate the breakdown of sexual crime in Ireland between recent and historic offences based on Garda records.

Rape Crisis Network Ireland chief executive, Cliona Saidlear, said such figures provided insight into potential trends of how sexual crimes were being reported in Ireland.

“It’s always difficult to interpret or to explain an increase or decrease in the reporting of sexual offences but my instinct tells me the recent increase is the result of more victims prepared to go to the authorities rather than an increase in the overall number of rapes and sexual assaults being committed,” Ms Saidlear said.

She added: “I believe the figures are indicative of a changing landscape where a better climate and support system now exists to make it easier for people to come forward to tell what happened to them,”

Ms Saidlear also expressed surprise that the level of historic cases of sexual abuse – those taking over 10 years to be reported – had remained relatively constant in recent years.

Around 550 cases of sexual abuse dating back over a decade have been reported each year since 2012.

The number of historic cases peaked in 2010 at around 800 which was linked to the publication in November 2009 of the Murphy Report which examined clerical sex abuse in the Archdiocese of Dublin.

“There was an expectation that the number of historical cases might have declined given that several reports have highlighted institutional abuse in the past,” said Ms Saidlear.

A sexual offence is not counted by the CSO or gardaí if a person who makes a report subsequently withdraws it by stating that a criminal act did not take place unless there is evidence to suggest “by reasonable probability” that it had taken place.

Sexual offence figures are based on the date they are reported to, or when they became known to gardaí, and not the date of the crime.

Crime figures released by the CSO last months highlighted how the number of rapes and sexual assaults reported to gardaí reached their highest level in the past decade and a half  in 2016.

A total of 2,549 sexual offences were recorded in 2016 – an annual increase of almost 9 per cent. It is almost double the level reported in 2007.

Organisations working with victims of sexual offences claim the true level of such crimes is difficult to estimate as it is widely believed many incidents of rape and sexual assault go unreported.

The highest number of sexual offences recorded in the past 15 years were reported last year in several Garda divisions – Dublin, Kildare, Laois/Offaly, Mayo and Cork West.
More than half of all cases in Dublin, Cork and Westmeath reported in 2016 related to incidents of sexual violence which had occurred in the previous month.

In contrast, two thirds of all cases reported in the Roscommon/Longford division related to crimes which had occurred at least one year earlier.