Bail laws challenge considered by lawyers

A constitutional challenge to new bail laws is being contemplated by lawyers representing two teenagers who were last week unable…

A constitutional challenge to new bail laws is being contemplated by lawyers representing two teenagers who were last week unable to raise £3 and £22, respectively, in accordance with the new legislation so that they would be freed on bail.

The case of both boys - aged 13 and 15, and both from Tallaght - ultimately came before the High Court last week, which released them on their own bail bonds.

Both youths had appeared in the Children's Court on charges and were released on bail. When they could not produce one-third of the bail sum in cash (a requirement of the new legislation), they were detained in the court's holding cells.

The boys' lawyers brought applications in the High Court seeking their release under Article 40 of the Constitution.

Mr Justice Kelly yesterday decided applications brought on behalf of the youths seeking their release under Article 40 of the Constitution were spent as both youths had since been released on their own bail bonds.

He said if the boys' lawyers wished to contest the constitutionality of the Act, they would have to issue separate proceedings.

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