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.


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