Submission to the assessment of the efficacy of Irish bail laws

27th August 2025

The Irish Penal Reform Trust (IPRT) was invited to make a written representation on the efficacy of Irish bail laws.

IPRT's submission to the assessment of the efficacy of Irish bail laws is summarised below. 

Rates of remand detention in Ireland have risen sharply, with almost one in five prisoners awaiting trial in 2025 and many spending over a year in custody - sometimes longer than the sentence ultimately imposed. Women are disproportionately affected, and overcrowding has reached critical levels, with up to four people sharing single-occupancy cells, widespread mattress-on-floor sleeping, unpartitioned toilets, and restricted access to education, family visits and rehabilitation. Oversight bodies have highlighted escalating violence, excessive force and unsafe conditions, particularly in Cloverhill Prison. People with mental illness, often charged with minor offences, remain in custody due to a lack of secure psychiatric beds and limited diversion pathways, reinforcing cycles of vulnerability and reoffending.

Prison expansion continues to be proposed but has not addressed overcrowding. Evidence and public opinion indicate that effective reform requires reducing the number of people in prison rather than increasing capacity.

Courts should take prison conditions into account when considering bail, and bail legislation and case law should be applied more consistently. A national Bail Supervision Scheme for adults - prioritising women and those with mental health needs - should be established, supported by strengthened community services. Increased psychiatric capacity, effective diversion mechanisms and adherence to safe occupancy limits are essential to uphold rights and reduce reliance on remand.

Summary of Recommendations

• Reduce reliance on remand by ensuring consistent application of bail law and factoring prison conditions into bail decisions.

• Eliminate detention due to poverty by ensuring low or unaffordable bail amounts do not result in custody.

• Expand alternatives to remand, including a national Bail Supervision Scheme for adults and strengthened community supports.

• Improve mental health responses through increased low-secure psychiatric capacity and clearer diversion pathways.

• Address overcrowding through population reduction, not prison expansion, and enforce maximum capacity limits.

• Protect rights and safety by separating remand and sentenced prisoners and strengthening oversight to prevent ill-treatment.

Read the full submission here.