View/Open - CORA - University College Cork

Notwithstanding the maximum fixed custodial period which may be imposed by the
District Court, there is no maximum period prescribed in lawfor the period of suspension
of the custodial period. Potentially, the District Court could impose a custodial sentence
of one year suspended for a period of twenty years. This might be criticised as being
disproportionate having regard to the sentencing jurisdiction of the District Court but at
present there is no such prescribedlimitation.
None of the judges of the District Court who were interviewed believed that there was a
limitation on their power to suspend a sentence only for the period of custody imposed.
A Supreme Court judge expressed the view that a longer period of suspension might be
permissible when the District Court makes a suspended sentence provided the period of
suspension does not exceed the jurisdiction of that court. However he was concerned
about the extension of the suspensory period in respect of sentences imposed following a
trial on indictment when he stated:
“Well a period like 12 months wouldn’t trouble me, but a long period during which
people might be expected to change would. Manyof the Defendants are young, it
has to be borne in mind, and in 2 or 3 years a young person’s personality and
activities maychange totally…especiallyif the sentence is a significant one, I would
be reluctant to contribute to a situation where it might be activated in a situation
that didn’t make it suitable at all. The other thing is you have to bear in mind the
jurisprudence which says that the judge asked to activate the sentence has a very
limited discretion. There is a Court of Criminal Appeal decision 121 about that
…Judge Elizabeth Dunne was asked to activate the sentence and she held
correctly, as the Court of Criminal Appeal found, that she had little discretion in
particular if the sentence was a long one, was for 8 or 10 years. In particular she
could choose between activating the sentence or not activating it. She couldn’t say
well we’ll activate a year (insteadof 8 years).” A8J1SC
121 People (D.P.P.) -v- Ian Stewart, extempore Court of Criminal Appeal 12 January 2004. However, Under Section 99 Criminal Justice Act 2006 the court
maynowapplya lesser periodof custodial sentence upon breach on a discretionarybasis.
295