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criminogenic circumstances which is unlikely to be repeated may attract a suspended
sentence 84 . In McClure`s case the court sought to register its disapproval of the offender's
behaviour by imposing a sentence of six months which it then suspended because of the
offender's particular familycircumstances and as this was a first offence. The accused was
thus given an opportunity to avoid custody but the sentence was also structured to deter
the accusedfrom similar acts of gross indecency.
It is not uncommon for an offender whose sentence has been deferred to finally receive a
suspended sentence. In such a case the offender’s behaviour would have been reviewed
by the court for a period of time and the court having considered the issues such as
restitution, remorse and the repetition of behaviour by the offender may finally decide to
impose a penalty of imprisonment but may suspend such sentence on the undertaking of
the accused to continue his/her good behaviour. This type of disposal imports elements
of both approaches where prison is contemplated as a real alternative but the behaviour of
the convictedperson infuturo presents as a significant element in the disposal. 85
The practice of deferring penalty and placing the offender under supervision of the
Probation Service in the interim was subject to the criticism that there was no statutory
basis for the Probation Service to engage with an offender in these circumstances and
consequentlyno procedure for breaching such an offender during the period of deferment
which could last for a number of months (Expert Group 1999; Comptroller and Auditor
General Report 2004:19-20). One of the respondents in Halton’s study of changing
constructions of probation practice offered the following criticism of adjourned
supervision:
84 He cites the case of aman convictedof gross indecencywho was marriedwith two small children who was sentencedto fifteen months imprisonment. This sentence was substituted
by the Court of Criminal Appeal with a suspended sentence of six months, the Court of Criminal Appeal having been informed that the accused and his wife had ceased marital
relations, combinedwith the recent news that one of his children had special needs. In the Court of Criminal Appeal BlackJ. observedthat the offence was “an obnoxious offence”
but nonetheless:
“… does not prevent it from having varying degrees of gravity according to the circumstances. Care must be taken to differentiate between these circumstances, and to
graduate the punishment with adue sense of proportion. One circumstance vitallyeffectinggravityis the likelihoodof repetition. That is particularlytrue of the offence
in question; for it is well known that it is a form of depravity to which certain people become addicts. A first commission of this crime is far from foreshadowing its
repetition to the extent which asecondor thirdcommission would” BlackJ. People (A.G.) – v– McClure [1945] IR277).
85 This type of disposal is not uncommon in the Circuit Criminal Court where serious offences which warrant custodial sentences are tried. The offender is usuallyplaced on adjourned
supervision under the Probation Service while a social enquiryreport is prepared. This report mayalso deal with the offenders addictions to alcohol or drugs. While the report is
being prepared, usually over a four-month period, the offender may present as compliant with probation supervision and drug treatment. Notwithstanding the seriousness of the
offence for which the offender has been convicted and which would normally attract a sentence of imprisonment, the court frequently places the accused directly on a suspended
sentence if satisfiedof the likelihoodof continuedcompliance bythe offender with conditions tailoredto his/her crimogenic circumstances.
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