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accused has served his/her custodial sentence in full with remission and the suspended
part of the sentence i.e. the remaining 3 years has expired. While the prisoner’s entitlement
to remission is now settled, potential difficulties may persist in the activation of the part
suspended sentence as a result of the operation of remission.
The entitlement to remission of sentence must not be confused however with the power to
grant remission bylawful authority. As previouslynoted, the power to pardon, commute or
remit sentences is usuallygiven to the Headof State (Sebba 1978:68).
Article 13(6) of the Constitution of Ireland1937 provides:
The right of pardon and the power to commute or remit punishment imposed by
any court exercising criminal jurisdiction are hereby vested in the President, but
such power of commutation or remission may, except in capital cases, also be
conferredbylawon other authorities. (Article 13.6)
Such powers were conferred by law pursuant to Section 23 of the Criminal Justice Act
1951 which provided:
Section 23
(1). Except in capital cases, the Government maycommute or remit in whole or in
part anypunishment imposed bya Court exercising criminal jurisdiction, subject to
such conditions as theymaythink proper.
(3) The Government may delegate to the Minister for Justice any power conferred
bythis section andmayrevoke anysuch delegation.
There is some doubt that the Minister for Justice could be delegated the authorityfrom the
Government to remit sentences pursuant to Section 23(3). In the case of Patrick J.
Brennan -v- Minister for Justice, Ireland and the Attorney General and Others [1995] I.R.
612-631 the plaintiff, a sitting judge of the District Court, sought various declarations to
impugn the powers of the Minister for Justice to remit fines by way of petition to the
Executive. The court was satisfied that the Government did in fact delegate the Minister
for Justice the power conferred under Section 23. No specific document is referred to in
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