Man challenges gardaí's policy of refusing bail in domestic violence order cases

High Court Reporters

A man has brought a High Court challenge over a refusal by An Garda Síochana to grant him station bail following his arrest over an alleged breach of a domestic violence order.

The man, who cannot be identified for legal reasons. claims that he was arrested by gardaí and charged with an offence contrary to the 2018 Domestic Violence Act for allegedly breaching a Protection Order in respect of his estranged wife.

The court heard that at the time of his arrest two years ago, their relationship had completely broken down.

Following his arrest, the man was denied station bail, and he was detained by gardaí. Despite there being no objections to him being granted bail, he did not secure his release from custody until he brought before a sitting of the District Court.

The man claims he was wrongly denied station bail under the Garda Commissioner's blanket policy of refusing such bail to those accused of breach domestic violence orders.

He claims the policy has been in place since 2017.

This policy, the man claims, has no legal basis, is unlawful and unreasonable.

He also argues the policy amounts to an unlawful breach of his Constitutional right to liberty, as well as his rights under the European Convention on Human Rights.

In his judicial review action against the Garda Commissioner the man, represented by Arthur Griffin Bl, seeks various orders and declarations including an order quashing the decision of members of An Garda Siochana to refuse him station bail following his arrest and charge.

He also seeks an order quashing the Commissioners decision to publish and instruct his officers to operate a policy of blanket refusal of bail in cases of alleged breaches of domestic violence orders.

He also wants the court to order the Commissioner to remove what he says is the illegal policy regarding bail from a publication called "Policy of An Garda Siochana on Domestic Abuse Intervention Revised Edition 2017."

He further seeks various declarations including that the refusal to grant station bail to persons accused of breaches of domestic violence orders does not constitute a lawful or reasoned decision, and amounted to a breach of his rights.

Permission to bring the challenge was granted on an ex-parte basis by Ms Justice Niamh Hyland on Monday.

The man's action will return before the court later this month.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.