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Thus, time issues are a central feature of the suspended sentence. The Superior Courts
have signified a reluctance to allow the period of suspension to be in excess of the
custodial sentence itself on the grounds that the offender would be called upon to serve
the full custodial term if the sentence is to be activated and should not accordingly be
exposed to anyfurther risk. However, the newstatutorysuspended sentence under Section
99(10) nowallows for the imposition of a lesser sentence upon breach thus circumscribing
the strictures of the Ian Stewart decision. It is arguable that this may allow for a more
flexible approach which permits trial courts to extend the operative period beyond the
custodial period. Statutory suspended sentences in other jurisdictions have a similar
discretionary activation section compared with Section 99(10) but more importantly such
regimes specifically allow for the suspension to endure in excess of the period of the
custodial sentence. The judges who were interviewed, save one, did not apprehend any
great difficulty in extending the operative period beyond the custodial period, but were
mindful that the period should be proportionate at all times. In particular, the District
Court maximum sentencing jurisdiction was referred to as an appropriate operational
period for that jurisdiction even for short sentences. Meanwhile sentences for indictable
offences were considered in a different light. In such cases the judges believed that the
period of suspension should not be overly long having regard to the sentence itself
imposed e.g. 2 years suspendedfor 3 years.
Finally, the time is truly of the essence when the issues of breach and the activation of the
suspended sentence are concerned. The breach of the bond which binds the offender must
occur within the period and not before or after it. Secondly, any application for breach
must be made duringthe periodof the bonditself.
(iv) The conditionality of the sanction.
A sentence of imprisonment should never be suspended in vacuo. The suspension is
always conditional upon the convicted person performing obligations required of him/her
and these are recited as specific conditions in the recognisance. In the District Court
where up to recently no bond was called for, such conditions were specified in the
sentence itself. The conditionality of the sanction is a central feature of the disposal.
Conditions may be attached to a suspended sentence which have as their purpose the
avoidance of real custody or the future control of the offender’s behaviour, as noted.
Some conditions may be of a mandatory character such as the payment of compensation
or attendance at a drug treatment centre. Other conditions may be of a prohibitory
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