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A useful perspective on the operating function of the suspended sentence is revealed by
examining either the specific conditions attached to a conditional suspended sentence or
the particular circumstances of the offender, which may have had the effect of persuading
the court to impose a suspendedsentence instead of a real sentence of imprisonment.
The standard condition that the convicted person observes the peace clearly points to a
special deterrent sentencing intention on the part of the court. Furthermore, conditions
which seek to bring about a change in the behaviour of the convicted person such as a
requirement to attend an alcohol or drug treatment centre, attend for anger management
therapy, or conditions which seek to restrict the opportunities for offending in respect of
certain types of offences such as provisions relating to geographical constraints and
restrictions on contact with former victims must equally be seen as coming within the
special deterrent paradigm primarily. These types of conditions are used every day in the
Irish criminal courts and belong in the tradition of deterrent sentencing, tailored to the
specific circumstances of the individual convictedperson.
In the survey of judges, a Supreme Court Judge referred to the multiplicity of purposes of
the suspended sentence in Irelandas follows:
“I think there are a number of different purposes…one is to avoid imprisoning a first offender or a
young offender while hopefully making some sort of impact on him. The other purposes are very
specific to protect particular people or particular areas. I have seen suspended sentences on
condition that people stay out of areas as large as a county. I remember the late Judge Neylan
suspending a sentence on a shoplifter on condition that she stayed out of what he described as
Grafton Street as it is understood in law, from College Green to Stephen’s Green. He did that
because it was earlyDecember andhe anticipatedthat shopping wouldbe disrupted” A8J1SC.
A condition that a convicted person pay restitution to a victim in respect of fraud or
criminal damage done before a certain date as a condition of a suspended sentence leans
however to the avoidance of custody approach as no essential crime prevention elements
are inherent in such a condition (People (D.P.P.) –v – McIllhagga Supreme Court 1971
supra).
Moreover, there are some cases where a suspended sentence has been imposed which
reveal that the avoidance of prison approach is the predominant consideration when
passing sentence. Osborough (1982) suggests that a first offence committed in unique
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