Challenge brought against alleged policy to refuse station bail

Several actions challenging An Garda Síochána's alleged policy of refusing to admit persons accused of breaching domestic violence orders to station bail have come before the High Court.

Lawyers for the applicants have claimed that the refusals to grant station bail to persons accused of breaching court orders made under domestic violence prevention laws, is contained in the Garda’s 2017 Domestic Abuse Intervention Policy.

The applicants claim the policy breaches their rights to constitutional justice, right to a presumption of innocence and claim that they were legally entitled to be granted station bail.

The applicants say that arising out of the policy they have had to seek bail before sittings of the District Court after spending time in Garda custody.

The court heard that the 1967 Criminal Procedure Act sets out what offences the District Court and An Garda Síochána cannot admit an accused person to bail.

Alleged breaches of the Domestic Violence Act are not included in the 1967 Act and there is no legal requirement that a Garda must refuse station bail to all persons charged with a particular offence other than those set out in the 1967 Act it is claimed.

All the cases involve family law matters and therefore the applicants cannot be identified.

One of the cases has been brought by a woman who is involved in ongoing family law proceedings with her ex-partner.

Earlier this year her former partner obtained a protection order, under Section 10 of the 2018 Domestic Violence Act, against her at the District Court.

This prevented her from threatening to use violence against him or putting him in fear.

Shortly after that order was granted, he made a complaint to the gardaí that she had breached that order.

He alleged that she chased him upstairs to the bedroom of their home, where he had to lock himself in.

She denies that claim and said she was never notified of the protection order prior to her arrest.

She was then arrested, taken to a local Garda station, and charged with a breach under the 2018 Act.

She was denied station bail and brought before a sitting of the local District Court the following day where she was granted bail.

That charge was subsequently dismissed by the District Court because she had not been served with the order prior to her arrest.

However, she was arrested on further occasions for alleged breaches of orders including an interim barring order obtained against her.

She was arrested over allegations she assaulted an associate of her partner, and for sending several text messages to him, in breach of the terms of the interim barring order.

Following each of her arrests she was denied station bail and had to obtain bail before a judge of the District Court. She denies all the charges against her.

Protection order

The second case involves a man who the court heard is involved in difficult ongoing family law proceedings with his ex-wife.

The former wife had applied and obtained a protection order against him, banning him from threatening to use violence against her, or putting her in fear.

The two remained cohabiting.

Earlier this year she made a complaint to the gardaí that he had breached the order and was putting her in fear.

He denied the allegation and made a recording of what he says is a distressing conversation between his ex-wife and two of their children.

When the gardaí arrived at their home he claims that they did not listen to the recording, spoke to the children, and took a statement from his ex-wife only.

He was then arrested and kept overnight at a Garda station. He was denied station bail and was brought before the District Court the following afternoon.

The judge who heard the case expressed their dissatisfaction over the man’s arrest and subsequent detention.

The man was admitted to bail and his prosecution for the alleged breach of the protection order, and his former wife’s subsequent application for a safety order were struck out.

Challenges

In their judicial review actions, which have been brought against the Commissioner for An Garda Síochána, the applicants seek various orders and declarations.

These include order quashing decisions made by members of An Garda Síochána not to admit them to bail following their arrests.

They also seek orders quashing the commissioner’s direction under the Domestic Abuse Intervention Policy not to grant station bail to persons .

They also seek declarations from the court including that the refusal to grant station bail does not constitute a lawful or reasoned decision, and that the decision where there were no objections to bail, breaches their rights to liberty, constitutional justice and fair procedures.

They further seek a declaration that the commissioner’s policy and direction to refuse station bail to those charged with an offence under domestic violence legislation and instead have them go before a District Court in custody is outside the commissioner’s powers and is wrong in law.

This week Mr Justice Charles Meenan granted the applicants in both cases permission, on an ex-parte basis, to bring their challenges.

The cases were adjourned to a date in January.