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judges remarked, never seeks activation of the suspended sentence where breaches are
manifest.
Certain difficulties have been identified in this study concerning the operation of the part-
suspended sentence. In particular, the issue of remission of custodial sentences does not
comport easily with the calculation of the unexpired suspended part of the sentence.
While remission of sentences has always overshadowed the operation of the part-
suspended sentence, the study has also identified a critical feature of the remission of
sentences which relates to the very power of the Minister for Justice to remit sentences at
all.
In the following chapter which deals with the recently introduced statutory form of
suspended sentence, it will be observed that certain attempts are made to address these
critical issues. While it is expected that the Prosecution will continue to approach the
activation of suspended sentences with reticence, the issue of ownership of the sanction
henceforth is seen to be jointly vested in the courts as well as the Prosecution. The judges
interviewed were especially enthusiastic to utilise the sanction in light of this significant
change. It will be argued however that the part-suspended sentence will continue to labour
under the shadow of the issue of remission of sentences where some uncertainty may
persist.
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