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generalised nature sufficient for the task. In contrast, others viewed conditions as serving
quite specific objectives. An example of the former is :
“…I would have to take the view that by and large I don’t put many conditions
unless the circumstances of a specific case required…the standard condition to
keep the peace andbe of goodbehaviour I would rarelygo beyondthat.” A6J1DC
Examples of the latter include:
“(I attach) huge importance because thoughtful conditions can improve other
parties, third parties’ lives and society at large rather than what used to happen
previously suspended, and walking away. I think that it is an extraordinary useful
tool and acquires great thought, and in my view, suggestions from all parties in
some cases as to what those conditions should be i.e. in terms of what a person
should do and shouldn’t do in the course of the suspension, and what will trigger
the sentence itself…a lot of time should go into the conditions appropriate or what
will trigger the sentence in the end.” A4J1DC
“I wouldn’t dream of suspending either in whole or in part without very strict
conditions…one of the conditions would be that the person remains under the
supervision of the Probation Service, invariablyso.”A7J1CC
When the conditions imposed are narrowly focused, some of the Judges identified the
problem of making some condition of compliance too onerous for the offender. The
concerns expressed by these judges touched upon the ability of the particular offender to
reasonably remain compliant having regard to his/her particular characteristics as well as
the shortcomings of therapeutic interventions when theystated:
“I amnot a great believer in givinga suspendedsentence on the basis that if the person
abstained from alcohol for a period of 12 months or abstained from drugs for a
period of 12 months. I am not condoning it, but I actually think the practical
pragmatic followup on this is next nigh impossible depending on the individual…I
actually think that is not helpful. I would be more interested in getting that person
in touch with the Probation Service firstly with a viewto thempointingthat person in
the direction to tryandget help.”A6J1DC
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