View/Open - CORA - University College Cork

“I think the Judges use it as a form of punishment. I think this adjourned
supervision is used as a stick. They use it to test offenders’ motivation to stay
awayfromcrime”(PWOJ in Halton 2007:189).
The development of adjourned supervision in the view of this probation officer was
synonymous with “a progressively more punitive response to offenders, placing more
pressure on them to conform” (Halton 2007:189). There is no doubt that adjourned
supervision presents professional challenges to the probation officer who is tasked with
supervising an offender during deferment of sentence. However, Halton’s respondent
correctlyidentified the courts approach to deferment of sentence as a test of the offender’s
behaviour while under the controllingfunction of the probation officer. But ultimately, the
offender`s failure or compliance with the test is critical to the decision to suspend a
sentence or not.
In a recent case before the Central Criminal Court in Limerick the sentencing judge,
Carney J., finally disposed of a manslaughter case with a fully suspended sentence after a
long period of adjourned supervision. The accused had received psychiatric treatment in
the meantime as part of the adjourned supervision and was again living back in the family
home with his father. Prior to the accused killing his mother he had lived for quite a few
years at home but suffered significantly from depression. At the time the offence was
committed the deceased had been heavily intoxicated and was provocative towards the
accused. Carney J. imposed a sentence of life imprisonment suspended for life and made
the sentence unconditional but recommended that the accused would continue to receive
psychiatric treatment. Specifically the sentencing judge stated that the purpose of such a
sentence was “to control the future behaviour of the accused and not to punish him”
(People (D.P.P.) - v - Donnan, Central Criminal Court, Limerick, 15th July 2006, Irish
Times) 86 .
Thus, adjourned supervision is deployed as an initial exploration of the offender`s
intention and capacity to comply with conditions of good behaviour. If the court is
satisfied upon review, it is customary to dispose of the case by way of a suspended
86 Subsequently the Defendant Mr. Donnan was breached for not reporting 2 or 3 times a week with his Probation Officer. Evidence given by a Probation Officer suggested he was
using alcohol and drugs including heroin and had ceased to take the prescribed anti-psychotic medication for a number of months. Upon breach, CarneyJ. imposed a life sentence
for manslaughter, but back dated the commencement to the date of arrest in 2000. The sentencingjudge specificallyreferred to the purpose of the suspended sentence in this case.
He said the object of the suspended life sentence was for the court to always keep an eye on him. He said he had been so careful to observe the special considerations in this case
that the offender hadbeen before himon 37 times while asuitable programwas designedfor him(Irish Examiner 3rdJuly2008:8).
237