Editing Bail (section)

===Ireland===

In [[Republic of Ireland|Ireland]], bail ({{Langx|ga|bannaí}}, from [[Old Norse language|Old Norse]] ''band'', "binding") is when a person enters a written bond ([[recognisance]]), committing to appear before the court to answer the charges made against them.<ref>{{Cite web|url=https://beta.courts.ie/what-bail-and-how-does-it-work|title=What is bail and how does it work? &#124; The Courts Service of Ireland|date=3 July 2020|archive-url=https://web.archive.org/web/20200703213530/https://beta.courts.ie/what-bail-and-how-does-it-work|archive-date=3 July 2020}}</ref> A person may be required to lodge money as part of their bail. A [[surety]] is a person who makes themselves responsible for a prisoner coming to court. They promise to pay a sum of money to the court if the prisoner does not appear as agreed; however, commercial bail bonding as in the U.S. is illegal.<ref>{{cite book |url=https://books.google.com/books?id=TChu-tGy3ycC&q=Bail+%22+ireland%22&pg=PA23 |title=Commercial Bail Bonding: A Comparison of Common Law Alternatives |first=F. E. |last=Devine |date=3 July 1991 |publisher=ABC-CLIO |isbn=9780275937324 |via=Google Books}}</ref><ref>{{cite report |title=The practice of pre-trial detention in Ireland |publisher=Irish Penal Reform Trust |url=https://www.iprt.ie/site/assets/files/6383/ptd_country_report_ireland_final_updated.pdf |date=April 2016}}</ref>

There are three kinds of bail:
*Station bail: set by a [[Garda Síochána]].<ref>{{Cite web|url=https://www.lawsociety.ie/Public/Legal-guides/Criminal-law/Arrests/|title=Arrests|website=www.lawsociety.ie|access-date=3 July 2020|archive-date=5 July 2020|archive-url=https://web.archive.org/web/20200705193154/https://www.lawsociety.ie/Public/Legal-guides/Criminal-law/Arrests/|url-status=dead}}</ref> A common condition is that the prisoner must report to his/her local Garda station once or several times a day.<ref>{{Cite web|url=https://www.irishexaminer.com/breakingnews/ireland/signing-on-as-bail-condition-relaxed-for-some-due-to-covid-19-mobiles-must-be-kept-on-988947.html|title=Signing on as bail condition relaxed for some due to Covid-19; Mobiles must be kept on|date=19 March 2020|website=www.irishexaminer.com}}</ref>
*Court bail: set by the judge in the [[District Court (Ireland)|District Court]]. The prisoner (or his/her surety) must pay the court at least one-third of the amount of money promised in the bail bond.
*High Court bail: if the prisoner is charged with a very serious crime, only the [[High Court (Ireland)|High Court]] can grant bail.<ref>{{Cite web|url=https://www.citizensinformation.ie/en/justice/arrests/bail_and_surety.html|title=Bail and surety|website=www.citizensinformation.ie}}</ref>

In ''People (AG) v O'Callaghan'' (1966), the [[Irish Supreme Court]] had ruled that the provisions of Article 40.4 of the [[Irish Constitution]], which guarantees [[personal liberty]] and the principle of ''[[habeas corpus]]'', meant that an individual charged with a crime could only be refused bail if they were likely to flee or to interfere with witnesses or evidence. The [[Sixteenth Amendment of the Constitution of Ireland]], approved by [[referendum]] in 1996, provided that a court could refuse bail to a suspect where it feared that while at liberty they would commit a serious criminal offence. The Bail Act 1997 was passed by the [[Oireachtas]] the following year, and it governs bail in the Republic.<ref>{{Cite book|url=https://books.google.com/books?id=aAVADwAAQBAJ&q=Bail+%22+ireland%22&pg=PA228|title=The Bail Book: A Comprehensive Look at Bail in America's Criminal Justice System|first=Shima Baradaran|last=Baughman|date=21 December 2017|publisher=Cambridge University Press|isbn=9781108548441|via=Google Books}}</ref>