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imprison somebody but effectively was talked out of it or persuaded out of it, I would not be that
far with this person, before I would impose a suspended sentence…I wouldn’t be quite there yet
before I would give him a suspended sentence…if the guy came back to me on another charge, the
next time he was guaranteedpracticallya prison sentence on the next charge…” A4J5DC.
“I suppose when I order a suspended sentence, I feel that he or she does not deserve prison just yet
and they should be given another chance. When I impose a prison sentence and then suspend part
of it, it is in the hope that they would be rehabilitated sufficiently in prison or would mend their
ways…it is reallyin the hope that the rehabilitation process will continue.”A3J1CC.
“…you intend that somebody gets a chance who maybe is at a stage whether they are going to
change…a lot of the young people in particular that you deal with, they are sort of off the radar,
they have no work. They have got no cardinal points. They have got no discipline… if you can
keep them straight for a year, keep them off drugs, keep them out of trouble, keep them off the
streets at midnight, it would be a huge difference in their lives and could lead to an ultimate eventual
long standingchange.”A5J1CC
Other Judges highlightedthe punitive element of the sanction thus:
“It is a sentence of imprisonment hanging over your head for a period of time which does not allow
you, if you like, to break the lawfor that period so there is a punitive element. It’s not as punitive
as going to jail andlikewise the partlysuspendedsentences are more punitive.”A5J1CC
“You’ve a criminal record with the sentence, and whether that be a sentence or a suspended
sentence, it is obviously more serious than an offence for which a fine has been imposed. If
somebody goes for a job interviewor work, anything, wanting to get a visa to travel, clearly the fact
that he has actually had a suspended sentence imposed would raise eyebrows far more than
something like a minor fine…in an actual custodial sentence, anyone looking at that must take the
view that the offence must have been more serious than one for which a suspended sentence was
imposed.”A2J1DC
But the real purpose of the suspended sentence accordingto the latter judge is:
“To tryand stop the offender from committing anyfurther offences. That’s the main reason for it.
To get out to himthat he is on risk of actuallyservingthe sentence if he does.” A2J1DC.
No less important are managerial considerations to facilitate the work of the Court. A
timely offer of a plea of guilty may prove to be the decisive moment when a suspended
sentence as opposedto an actual custodial sentence is forthcoming:
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