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mayfeel at libertyto continue with the procedures which the judges developed themselves
prior to 2006.
There are also a series of variations in the use of the suspended sentence which maynot in
fact amount to fully fledged suspended sentences. One example of such a disposition
might present where a sentence is stated to be a suspended sentence but where no
operative period is specified. Another variant is a suspended sentence of imprisonment
which is suspended for an operative period but where no conditions are attached such as a
requirement to enter a bond to keep the peace and be of good behaviour or subject to the
offender not being further convicted within a specified period of time. This latter
variation of unconditional suspended sentence was criticised by the Court of Criminal
Appeal in People (D.P.P.) –v- Martin Byrne, Court of Criminal Appeal 19 th of January
2004. Such variations on the suspended sentence may present as valid sentences but may
be subject to immediate challenge when the issue of activation of the sentence occurs. For
example, the period of the custodial sentence and the operative period of suspension may
not be coterminous. Where such different periods are specified, stated reasons must be
given for a longer operative period (People (D.P.P). -v- William Hogan, unreported, Court
of Criminal Appeal, 4 th March 2002). Moreover, if an offender on a suspended sentence
for a specified period has not been conditionallybound to keep the peace, either bya bond
or by a court order, there may be distinct difficulties for the prosecution in activating the
original sentence if the suspension is unconditional. O’Malley (2006:254) claims that the
suspended sentence is a real punishment in itself for the stigma that it carries and the
possibility that it may be activated for a breach of a condition. In the latter examples
given, the suspended sentence carries only the stigma of the punishment but no possibility
of activation. The classical suspended sentence has always been structured as a
conditional sentence subject to enforcement on breach of a specified condition. Indeed,
Section 50 of the Criminal Justice Bill, 1967 emphasised the conditionality of the sentence
as a defining feature. In particular, enforcement of the sanctions could only proceed
under Section 50 on the basis of a breach of a condition (Section 50 (1) (b) Criminal Justice
Bill, 1967, Criminal Justice Act, 2006 Section 99(2)(17).
The straightforward suspended sentence which first appeared in the late 19 th and early 20 th
centuries in Irish sentencing practice has evolved on a judge made basis into a variety of
conditionally suspended custodial sentences. In general, the organic growth of these
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