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sanctions have followed. This is bound to dilute the efficacy of the sanction. The
procedures for re-entry, as noted are haphazard and subject to the discretion of An Garda
Siochana to seek re-activation. Once a case has been disposed of by way of a
prosecution, unless the convicted person is of significant interest to An Garda Siochana,
the momentum to have the case re-entered for activation of the suspended sentence is
likely to be subject to administrative inertia and nothing further may happen. Moreover,
enforcement of conditions attached to a suspended sentence are subject to a series of
discretionary practices at the prosecutorial and judicial level, thus introducing a significant
discounting feature to the likelihood of actual incarceration, even when breach of
conditions of suspension are manifest.
Although there is a lack of information about enforcement practices in Ireland, this chapter
has sought to map out the parameters of allowable discretion as recentlydetermined bythe
Superior Courts. However, the operation of the suspended sentence remains firmly in
the domain of the sentencing courts while guided by these recent decisions. The use of
part-suspended sentences and the known impediments to the enforcement of the
straightforward suspended sentence raise what Osborough has described as an awkward
question:
“Couldit be argued that the awardof a suspended sentence is nothingmore than a
symbolic gesture? A bravura performance bythe sentencer, which is not intended
that anyone should treat too seriously at all – at least not too often?” (Osborough
1982:255).
If however, the suspended sentence is no more than a symbolic gesture as suggested, this
studydiscloses that the sanction is nonetheless used with great frequencyin the disposal of
cases in all the criminal courts in Ireland. If Osborough`s observation is accurate, then the
suspended sentence may present as no more than a marker for future reference in the
event that the offender is further convicted.
The pivotal role of the prosecution has also been considered as crucial to the activation
process and the discretionary practices of the prosecution are known to sentencing courts
when making suspended sentences. Notwithstanding this, the courts appear to be satisfied
to invest ownership of the sanction in the hands of the Prosecution which, as a number of
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