The Irish legal system firmly upholds the presumption of innocence until proven guilty. This has given birth to a right for accused individuals to be discharged on bail while awaiting trial. However, this right is not unequivocally granted and will only be sanctioned when confidence is established that the accused will make an appearance during trial and abstain from further violation of the law.
The Irish Council for Civil Liberties recently issued a report highlighting concerning trends in relation to this practice. Individuals being refused bail are on the rise, along with a surge in the percentage of the prison population detained pre-trial, some of whom have been waiting for more than a year. Even less severe misdemeanours, such as public order offences, are witnessing an ever-increasing trend of accused individuals being kept on remand.
The bloating prison population is adding to an already overcrowded system, with sleeping arrangements often reduced to floor spaces, increasing the threat of violent outbursts, according to information provided by the Department of Justice.
A significant portion of this escalation can be attributed to the unprecedented impacts of the Covid 19 pandemic, which caused suspension of jury trials. This comes amidst pre-existing delays caused by a dearth of judges.
The Council raised concerns over potential discrimination against non-nationals despite EU guidelines stating that absence of state links should not be perceived as a flight risk and thus a reason for bail refusal on its own.
To ameliorate these trends, the Council has proposed the appointment of more judges. Additionally, suggestions include limiting the offenses that can lead to bail refusal and a steady eradication of preventive detention practices. Proposals also encompass quicker trials with compensation for the accused individuals in cases where they are absolved after extensive remands, and an improved judge education model to discourage refusing bail for petty crimes.
Instituting these proposed measures may result in reasserting the principle of assumed innocence prior to proven guilt and easing the pressure on the prison system.