Another remand prisoner has applied for compassionate bail to present as homeless with the Housing Executive to obtain an address for release, despite repeated issues over whether or not this practice should be happening.
There’s confusion over this with the decisions apparently coming down to individual judges, leading to disparity.
The practice is on unequal footing with no fixed position or answers, so it took a Freedom of Information request to get to the facts and even this proved challenging.
Applications emerged in courts around May 2022 when the Housing Executive denied any new policy, adding: “We do not provide accommodation for remand prisoners seeking bail but we have a duty to provide accommodation to those presenting as homeless.”
Despite this, the practice not only continued, it became more frequent.
A similar situation occurred in December but a police officer referred to an email from the Housing Executive which “states very clearly this process should not be happening. They will not provide bail addresses to persons on remand”.
The defence countered: “We’ve had a number of applications in other courts which were granted. I’m not sure where the constable is speaking from…”
The judge, in that instance, refused the application.
Following this, the PSNI, Housing Executive and Lady Chief Justice were asked for their positions and all appeared to completely misconstrue the context of the enquiry.
A PSNI spokesperson did not address the officer’s comments simply stating: “Decisions on bail are a matter for the judge.”
Lady Chief Justice’s office said: “Bail is a matter for the individual judge. This office cannot comment on judicial decisions, but we can advise that courts are required to apply the law governing bail.”
The issue of judicial inconsistency was not addressed.
Initially the Housing Executive said: “As applications for bail are decided by the courts we won’t be making any comment.”
It was pointed out the enquiry related to the Housing Executive’s position, as disclosed by police in court a spokesperson replied as of 2022, and when informed despite that this practice continues, there was no further comment.
Under the Freedom of Information Act, the email from the Housing Executive to PSNI was requested from both agencies, and while awaiting these, more applications were made with some granted and others refused, depending on the judge.
The Housing Executive refused the request, however, overturned on review and the email sent to PSNI on December 6, 2023 read: “If someone is on remand, then we would NOT be able to offer them accommodation.”
The PSNI released the email without issue.
Around that time another application was made to Dungannon Magistrates’ Court where a different police officer said: “The Housing Executive have advised they are not accepting prisoners coming to them.”
The judge noted this but granted the application stating: “I’m prepared to allow the chance.”
At the most recent court sitting, lawyers for twenty-two-year-old, Lee Donnelly, from Millview Meadow, Coalisland, who is charged with causing grievous bodily harm, applied for compassionate release to register as homeless.
While granting this, District Judge Peter Magill, noted: “There’s confusion about this. Staff are being told the Housing Executive are not prepared to do this anymore.”
The defence said in a previous application his client was told “he shouldn’t be arriving unannounced, yet that’s the one thing (Housing Executive) always say has to happen”.
It appears the issue for the Housing Executive is the definition of homeless.
Nonetheless, depending on the judge, the practice continues, and as the Housing Executive cannot find accommodation in these circumstances, the specific purpose of release is nullified.
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