Irish Examiner: ‘Dramatic’ increase in number of people detained in custody before trial

7th May 2024

On 7 May 2024, the Irish Examiner reported on the event launching the new report research report published by the Irish Council for Civil Liberties (ICCL) that examines the use of pre-trial detention and the denial of bail in Ireland. IPRT spoke at the event.

The report, titled Improving Judicial Assessment Of Flight Risk, found that in general the operation of the rules surrounding bail applications respects people’s right to liberty and the presumption of innocence. However, it did raise a number of concerns relating to bail and pre-trial detention in the country.

• The research shows there has been a 21% increase in the daily average number of people held in pre-trial detention since 2017.
• In 2020, the average number of pre-detention prisoners was 738, a 4.4% increase on 2019.
• Figures show that 884 prisoners were being held on remand or at trial on 4 April 2022. On 1st April 2021 the number was almost half that at 428.
• In February 2022, 835 prisoners were being held in remand or at trial, up from 712 in February 2021.
• There is also an increase of those remanded in pre-trial custody for less serious crime.
• Since 2016, there has been a 56% increase in the number of people imprisoned while awaiting trial or sentencing for “public order offences and other social code offences”.
• The research also found that foreign nationals, including those from other EU countries, are less likely to be granted bail by judge in Ireland.

Dr Helen Kehoe, Legal and Public Affairs Manager at Irish Penal Reform Trust (IPRT), said:

“At a time when we have almost 1,000 people in pre-trial detention, often for longer periods of time, we should be looking to bail as a way to take pressure off the system. 

“IPRT agrees with the report’s recommendation to stop the practice of refusing bail for non-serious offences.

“We are concerned that pre-trial detention can undermine the presumption of innocence as well as having a severe psychological impact on the person detained.”

• Read more on the ICCL website: ICCL research raises concerns about pre-trial detention and denial of bail
• Read the article in the Irish Examiner: ‘Dramatic’ increase in number of people detained in custody before trial