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the practices of judges in other common law jurisdictions. If such differences were
evident particularly in relation to an expressed application of the suspended sentence as a
decarcerative instrument, one might expect to see better outcomes from such practices.
However, the stated views of the judges point to so many conflicting rationales for the
sanction, it is unlikelythat superior outcomes are achievedin the Irish jurisdiction.
The Rationale for the Suspended Sentence in the Reviewable Sentence or Butler
Order and the Part-Suspended Sentence.
The purpose of the suspendedsentence maybe analysedfroma different perspective when
the reviewable sentence or Butler Order is considered. The reviewable sentence and the
part-suspended sentence must be distinguished from the whollysuspended sentence where
in the latter case no period of custodyat all is required to be served bythe accused. In the
former two disposals a period of custodyis specificallyrequired to be served in advance of
anypartial suspension of the remainder of the sentence.
The Butler Order or reviewable sentence, which will be discussed more fully in Chapter 6,
presents as a sentence which advances two distinct sentencing objectives in succession.
The initial custodial sentence is reviewed by the court after a fixed period of time and if a
convicted person can persuade the court that s/he has complied with prison discipline and
usually has remained drug free while in custody or has undergone a course of treatment,
the court usually suspends the remainder of the sentence upon the convicted person
entering into a recognisance to keep the peace for the period of the suspension. The
initial period of incarceration may be interpreted as the application of a punishment or
retribution for the crime committed but also may be viewed as a necessary period of
stabilisation where the offender commences his/her initial period of rehabilitation from an
addiction. The second period of the reviewable sentence might be characterised much
more as a period of rehabilitation of the convicted person and the control by the court of
his/her future behaviour.
When asked why do judges impose a part suspended sentence as opposed to imposing a
full term of custody, one judge reflected on the former use of the reviewable sentence and
its function as follows:
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