Bail Law
The bail project involves an examination of the current law and practice in relation to bail in Northern Ireland. The project includes specific consideration of the provisions applying to children and young persons.
Currently the law governing bail in Northern Ireland is to be found in diverse legislative enactments and common law sources. Unlike the position in other jurisdictions, including Great Britain and the Republic of Ireland, there is no enactment specifically dedicated to the law and procedure of bail and that enshrines the criteria governing the grant of bail. This project will aim to establish the blueprint for a single Bail Act that will render the law governing bail in this jurisdiction more accessible and more conducive to clear and principled decision making in an area of undoubted public importance. The project will also consider such administrative solutions as may be appropriate to run in tandem with the legislative scheme.
In conjunction with its analysis of domestic law, the Law Commission is conducting research into the law and reform initiatives in other jurisdictions including Great Britain, the Republic of Ireland, Australia, New Zealand, the United States of America and various continental European jurisdictions. The project will draw upon experience in those jurisdictions to set domestic provisions in context and to glean appropriate lessons from reform initiatives that have been undertaken. The Commission is committed to engaging in comparative analysis where appropriate in the course of its work.
With the growing involvement of all the community in Northern Ireland in the ‘normalisation process’ as a result of a more politically stable environment, there is an increasing interest in the law and especially in criminal justice issues. The Commission has held preliminary discussions and consultation seminars with a range of stakeholders in order to ensure that all relevant issues are considered in the course of the project. Those discussions have revealed a high level on interest in the subject.
The Commission intends to publish a consultation paper on the subject in 2010. This will be followed at a later date with a final report accompanied by draft legislation for consideration by Parliament.
As part of the commitment to consult widely at all stages of this project, the Commission would welcome any views or comments that you may have on the law and practice in relation to bail in Northern Ireland. Any views or comments should be sent by e-mail to robert.hunniford@nilawcommission.gov.uk or in writing to:-
Robert Hunniford
Northern Ireland Law Commission
Linum Chambers, 8th Floor
2 Bedford Square,
Bedford Street
Belfast, BT2 7ES.
Any responses received will be treated in accordance with the Commission’s policy relating to confidentiality.
