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You are here: BAILII >> Databases >> High Court of Ireland Decisions >> D.P.P. v. Russell [2000] IEHC 180 (15th May, 2000)
URL: http://www.bailii.org/ie/cases/IEHC/2000/180.html
Cite as: [2000] IEHC 180
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D.P.P. v. Russell [2000] IEHC 180 (15th May, 2000)
The
High Court
In
the matter of The People (Director Of Public Prosecutions) v Russell
2000/707
SS
15
May, 2000.
KEARNS J
In this bail application the Court has had to consider the provisions of S. 5 of the Bail Act, 1997, and particularly, in relation to uncontested applications, the requirement on the Applicant and any surety to pay one-third of the amount fixed before an applicant who is in custody is released.
In uncontested cases, the sum fixed in respect of the Applicant's own bail or surety should not be such as to preclude him from securing his release.
With that in mind, this Court in any new application is fixing own bail at the nominal sum suggested to the Court of L9. Even then, the Judge should satisfy himself that the applicant and surety have the requisite funds. If not, it may be necessary to fix a purely nominal figure so as not to frustrate the intentions of the Court. The requirements of S. 5 do not apply to bail already granted before 15th May, 2000 or to variations to such bail.
Where the Court makes an Order directed to a bank, building society, credit union or post office, notice of the making of the Order should be communicated to the relevant institution by the Chief State Solicitor's Office.
KEARNS J
In this bail application the Court has had to consider the provisions of S. 5 of the Bail Act, 1997, and particularly, in relation to uncontested applications, the requirement on the Applicant and any surety to pay one-third of the amount fixed before an applicant who is in custody is released.
In uncontested cases, the sum fixed in respect of the Applicant's own bail or surety should not be such as to preclude him from securing his release.
With that in mind, this Court in any new application is fixing own bail at the nominal sum suggested to the Court of L9. Even then, the Judge should satisfy himself that the applicant and surety have the requisite funds. If not, it may be necessary to fix a purely nominal figure so as not to frustrate the intentions of the Court. The requirements of S. 5 do not apply to bail already granted before 15th May, 2000 or to variations to such bail.
Where the Court makes an Order directed to a bank, building society, credit union or post office, notice of the making of the Order should be communicated to the relevant institution by the Chief State Solicitor's Office.
© 2000 Irish High Court