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of a breach of a condition. This is no longer permissible under the District Court Rules,
1997 and clearly the dicta from such cases as Brennan (supra) and in re Pratt (supra) would
render proceeding in the absence of the accused or at least without notice to the accused,
in any application for revocation of a suspended sentence, a procedure of questionable
validity.
Despite the absence of written rules of court providing for an application for the activation
of a suspended sentence in the Circuit, Central and Special Criminal Court, the basic
requirements for a valid breach application have been set down in a series of cases. In
Judicial Review proceedings, Michael Rooney Dignam –v- His Honour Judge Raymond
Groarke and the Director of Public Prosecutions (J. R. IEHC 150, 17 th November, 2000),
the applicant was released “into the custodyof the Probation Service on condition that the
applicant keep the peace and be of good behaviour for a period of two years”. The
applicant was sentenced to four years imprisonment on the 17 th of November, 1998. The
case was reviewed by the first named respondent on the 13 th of July, 1999 whereupon the
balance of the sentence was suspended as set out above. The second named respondent
applied ex parte to have the case re-entered on the 28 th of September, 1999 on the grounds
that the applicant had failed to comply with the conditions of his release, namely to keep
the peace and to be of good behaviour. The matter was re-entered on notice to the
applicant’s Solicitor who appeared with counsel on the 8 th of October, 1999 and the first
named respondent ordered that the applicant should serve the balance of the four years
imposed upon him. The review court enquired into a number of issues, particularly the
interpretation of the phrase “to keep the peace and be of good behaviour” and the nature
of the proceedings before the first named respondent on the 8 th of October, 1999.
McCracken J. in dealingwith the issues stated:
“With regard to the second issue, the phrase “keep the peace and be of good
behaviour” is one that has been in use for centuries. However, it does not seemto
be a phrase which has attracted any statutory or judicial interpretation, perhaps
because it means what it says. Mr. Mill-Arden S.C. on behalf of the applicant has
strenuously argued that if the applicant is to be shown to be in breach of his
condition, it must be shown that in some way he had not complied with the lawof
the State and further that he had been convicted of a breach of the law before the
matter could be re-entered before the Judge who suspended the sentence. In my
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