(LRC Revised)

Number 16 of 1997

BAIL ACT 1997

REVISED

Updated to 12 June 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Bail Act 1997

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

International Co-operation (Omagh Bombing Inquiry) Act 2026

(12/2026), enacted 3 June 2026, and all statutory instruments up to and including

the

International Protection Act 2026 (Commencement) Order 2026

(S.I. No. 244 of 2026), made 10 June 2026, were

considered in the preparation of this Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to revisedacts@lawreform.ie.

Number

16

of

1997

BAIL ACT 1997

REVISED

Updated to 12 June 2026

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

1A.

Statement by applicants for bail charged with serious offences.

2.

Refusal of bail.

2A.

Evidence in applications for bail under section 2.

3.

Renewal of bail application.

4.

Evidence of previous criminal record.

5.

Payment of moneys into court, etc.

6.

Conditions of bail.

6A.

Application of section 6 in relation to certain appellants.

6B.

Electronic monitoring of certain persons admitted to bail.

6C.

Evidence of electronic monitoring.

6D.

Arrangements for electronic monitoring.

7.

Sufficiency of bailspersons.

8.

Endorsement on warrants as to release on bail.

9.

Estreatment of recognisance and forfeiture of moneys paid into court.

9A.

Power to hear complainant evidence in bail applications

9B.

Requirement to give reasons for bail decisions

10.

Amendment of

Criminal Justice Act, 1984

.

11.

Amendment of Act of 1967.

11A.

Regulations.

12.

Repeals.

13.

Short title and commencement.

SCHEDULE

Acts Referred to

Air Navigation and Transport Act, 1973

1973, No. 29

Air Navigation and Transport Act, 1975

1975, No. 9

Criminal Damage Act, 1991

1991, No. 31

Criminal Justice (Public Order) Act, 1994

1994, No. 2

Criminal Justice Act, 1984

1984, No. 22

Criminal Justice Act, 1994

1994, No. 15

Criminal Law Amendment Act, 1935

1935, No. 6

Criminal Law (Jurisdiction) Act, 1976

1976, No. 14

Criminal Law (Rape) (Amendment) Act, 1990

1990, No. 32

Criminal Law (Sexual Offences) Act, 1993

1993, No. 20

Criminal Procedure Act, 1967

1967, No. 12

Defence Act, 1954

1954, No. 18

Explosive Substances Act, 1883

46 & 47 Vict. c. 3

Firearms Act, 1925

1925, No. 17

Firearms Act, 1964

1964, No. 1

Firearms and Offensive Weapons Act, 1990

1990, No. 12

Forgery Act, 1861

1861, c. 98

Forgery Act, 1913

1913, c. 27

Larceny Acts, 1916 to 1990

Misuse of Drugs Act, 1977

1977, No. 12

Offences against the Person Act, 1861

1861, c. 100

Offences against the State Act, 1939

1939, No. 13

Punishment of Incest Act, 1908

1908, c. 45

Road Traffic Act, 1961

1961, No. 24

Number

16

of

1997

BAIL ACT 1997

REVISED

Updated to 12 June 2026

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO BAIL, TO AMEND THE

CRIMINAL PROCEDURE ACT, 1967

, AND TO PROVIDE FOR RELATED MATTERS. [5

th May

, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Section

1.

Interpretation.

1A.

Statement by applicants for bail charged with serious offences.

2.

Refusal of bail.

2A.

Evidence in applications for bail under section 2.

3.

Renewal of bail application.

4.

Evidence of previous criminal record.

5.

Payment of moneys into court, etc.

6.

Conditions of bail.

6A.

Application of section 6 in relation to certain appellants.

6B.

Electronic monitoring of certain persons admitted to bail.

6C.

Evidence of electronic monitoring.

6D.

Arrangements for electronic monitoring.

7.

Sufficiency of bailspersons.

8.

Endorsement on warrants as to release on bail.

9.

Estreatment of recognisance and forfeiture of moneys paid into court.

9A.

Power to hear complainant evidence in bail applications

9B.

Requirement to give reasons for bail decisions

10.

Amendment of

Criminal Justice Act, 1984

.

11.

Amendment of Act of 1967.

11A.

Regulations.

12.

Repeals.

13.

Short title and commencement.

SCHEDULE

Number

16

of

1997