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as to conditions, there are two conditions which invariably are imposed, namely the
condition to keep the peace generallyand to come up for sentence when called upon to do
so. Osborough observes these obligations are secured by the convicted person entering
into a bond which recites these obligations and other specific obligations or conditions
contained in the order and bond. The bond is entered into bythe convicted person with a
promise to pay a specified sum of money as surety, with or without independent sureties,
which sum will be called upon for payment if there is a default. As observed above
however, the future behaviour of the convicted person is not always secured by the entry
into such a bond, but may be otherwise secured by the order of the court itself.
Osborough observes that the final element of the suspended sentence is an in-built timed
self-destruct feature. When the operative period expires, the convicted person is no
longer liable to anysanction for breach of the bond.
(i) The Bond.
The use of a bond or a recognisance to secure the consent of the convicted person to fulfil
the conditions of the suspension of the sentence might be regarded as a convenient vehicle
for the formalisation of the sanction. When there is non-compliance with the conditions
of a suspended sentence, the terms of the suspension of the sentence are clearly set out in
the bondwhen activation is considered. Sandes (1939:167) has defineda recognisance as:
“[A] contract of record entered into before the Court or before a District (Judge),
by which the person entering into it acknowledges himself to be indebted to the
State in such sum of money, to be levied off his goods and chattels, lands and
tenements, as the Court or Justice may fix, if he shall fail to fulfil the conditions
specifiedin the recognisance” (Sandes 1939:167).
The conditions specified in a recognisance, when a suspended sentence is contemplated,
always require a convicted person to keep the peace and to be of good behaviour and to
come up for sentence if calledupon to do so. Further conditions mayalso be imposed.
When a bond is used to secure the future behaviour of the convicted person under a
suspended sentence, the period during which the person is to be bound over should be
coterminous with the period of suspension of the sentence or the operative period. For
example the court might suspend a sentence of imprisonment of saytwo years for a period
of two years on condition that the convicted person enter into a bond to keep the peace
for three years. If the bond is not correctly structured, the convicted person may find
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