Sir, - To those who are seriously considering voting for a change in the Constitution which will allow for a relaxation in our bail laws may I make a plea for consideration of the possible consequences of such a change.
Our bail laws are based on the presumption of innocence until conviction of a crime. Relaxation of these laws will introduce "preventative imprisonment" or, to put it more simply, imprisoning an innocent person on the off chance that they may be going to commit a crime. To take an example of what might easily happen, consider a man or woman who finds themselves in the wrong place at the wrong time. Arrested by the Gardai, charged with a crime, remanded in custody they lose their job, their family breaks up and they are subsequently found not guilty of the offence. No compensation is available to such a person.
Judges can, under present laws, remand persons in custody when charged with serious crime, if they are likely to abscond and/or if they are likely to interfere with witnesses. Liberal interpretation of those powers, combined with a more speedy justice system and more efficient police work, are all that is needed to prevent the vast majority of crimes committed while the offender is on bail, leaving in place safeguards which the present system gives to innocent civilians.
If financial considerations are taken into account it must be pointed out that, at present, it costs over £400 a week to keep one person in custody. Diverting that outlay into investment in more judges and courtrooms would speed up the hearing of cases, so that offenders wouldn't have time to commit crimes while on bail.
The present clamour for interfering with our bail laws is based on an emotional response to present crime levels, and all are agreed that these are too high.
But changing the laws and, in particular, changing our Constitution should not be done on an emotional high. Every possible alternative should be considered before we interfere with a system which allows for the punishment of the guilty while still protecting the rights of the innocent. - Yours, etc.,
Upper Fairview Avenue,
Marino, Dublin 3.