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is kept, there is a complete discharge” (O’Siochain 1977:27). Is it correct to conclude
from that observation that if a recognisance is not kept for the entire period, or a condition
is breached, such as a further conviction received by the offender, there is not a discharge
and the offender is still open to sanction once the operative period has expired? While
this procedural question has not been addressed within the Irish criminal courts, the matter
was addressedin Section 50(2) of the Criminal Justice Bill, 1967 as follows:
Where a sentence has remained suspended under this Section for three years, it
shall cease to be enforceable except in the event of a breach during the period of
the condition subject to which it was suspended.
The sub-section sought to address two time related issues. Firstly, while the period of
suspension might validly be made for a period in excess of three years by a court, the
sentence would be unenforceable for breaches committed on the expiration of three years.
Secondly, the sentence could be enforced after three years had expired provided the breach
had occurred within the three year period. As noted, this Section was not enacted into
lawand the question of enforceabilityoutside of the period of suspension remains unclear.
In the interviews with judges it was speculated that Irish sentencers might be minded when
structuring the period of suspension to allow a long period of time to elapse before the
offender is finally discharged from conditions of the suspended sentence to circumvent
such and other difficulties. However, this may give rise to inflation of the sentence by
extendingthe operative period.
One judge of the Circuit Criminal Court confirmed this tendency when he explained why
he suspendeda sentence for a longer periodthan the custodial sentence as follows:
“A longer period I would have no difficulty…even yesterday at a District Court
appeal, a prison sentence of 3 months had been imposed in the District Court and
I increased it to 6 months on appeal but suspended it on condition I think for 2 if
not 3 years because he was a young man and he said that he would never do it
again… I think if he is going to misbehave, it could happen anytime within a
period of 2 to 3 years. Experience has shown me even greater periods…I looked
to the future and had been told that this man was willing to pull himself together.
So therefore, I decidedalright we will put it to the test, that’s the test”.A3J1CC
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