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might otherwise be thought bythe prisoner to be a let off” LordParker 1017 (Ibid).
While a fine may be added to a suspended sentence, Wasik warns that a suspended
sentence in the English statutory regime should not be added to a fine (Wasik 2001:162).
The power of an Irish sentencing court to impose a fine in addition to a suspended
sentence is derived from the power to impose a fine and imprisonment concomitantly
where this is provided for in anypenaltyprovision The general practice is not to impose a
fine with the suspended sentence in Ireland. Thus, as a result of this practice a suspended
sentence may be seen in some respects as occupying a place below that of the monetary
fine.
Although Ashworth (2002) reports the suspended sentence is considered a "let off" by
some offenders, O'Malleyconsiders "it is real punishment both for the stigma that it carries
- a term of imprisonment and the possibility that it may be activated for breach of
condition" (O'Malley 2000:292.) Bottoms (1981:21) quoting from the debate on the part
suspended sentence in the Parliament at Westminster in 1976-1977 identified the "all or
nothing" nature of the sanction where heretofore it was permissible to suspend only the
entirety of the sentence and not part thereof. Mr Patrick Mayhew considered the issue
thus:
“The defect (with a suspended sentence) was and is that the majority of people who
received a suspended sentence reckoned that they had got away with it. The defect
was that the whole sentence had to be suspended, or none of it. Human nature
being what it is, there is a strong tendency for the offender to say ‘I do not have to
go to prison at all, I’ve got clean away’… one cannot make any punishment go with
it”. (Mr Patrick Mayhew, H.C. Committee Deb., StandingCommittee, E., Session)
Depending upon the circumstances of the convicted person and his or her likelihood of re-
offending, the suspended sentence may present as either a “let-off” with a judicial
reprimand or else a serious instrument of coercion. For example, a person convicted of a
serious fraud offence may obtain a suspended sentence if s/he did not have a previous
conviction and the court was persuaded that s/he would be unlikely to re-offend again.
Indeed the suspended sentence is a common disposition for such white collar crime. But
in the example given, is the stigma of receiving a suspended sentence and the endurance of
its suspension (O’Malley 2000:292) a punishment which exceeds the imposition of a heavy
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