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een that few if any of the cases where I have imposed suspended sentences has
ever been brought back before me and I do not believe it to be because all of them
have achievedtheir purpose.” A2J1DC
The judges exercising indictable jurisdiction could be divided into 2 distinct groups: the
“believers” and the “non-believers”. Of those who believed that the conditions were
compliedwith, one judge of the Circuit Criminal Court stated:
“The re-entries as against the amount of suspendedor partiallysuspended sentences – the
amount of re-entries is small… youwouldhave to saythat it must work”. A7J1CC.
While other judges of the Circuit Criminal Court basedtheir views more on an expectation:
“I would hope that the powers that be, the Gardai, wouldbring (the offender) back
promptly…I think the Guards are veryfair andveryoften I think theymaywell close a
blind eye to a fellowwho has done something…I wouldcertainlysaythat where there is
anything untowardgoingon bysomeone who has hadthe benefit of a part suspended
sentence, the Gardai do bringit back”. A3J1CC.
“I would expect the prosecuting authority to bring the accused before me in the
event of the slightest breach. I think they know that I expect that and I would
regardit as misconduct on their part.” A9J1HC
The other group expressed scepticism that breach of conditions of a suspended sentence
wouldcome to the notice of the court through breach of procedures:
“Unfortunately, I amaroundlongenough to have mydoubts.” A5J1CC
“Well howwould you know? I think that is the real question…if it is going to be
used it should be taken seriously and reactivated when called upon. For many
years when I was practising it was a complete joke because nobodyever reactivated
it.” A8J1SC
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