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within the statutory framework. In taking this critical approach, it may be possible to
identify the essential elements of the statutory regime and how these inter-relate one with
the other. Moreover, such an approach allows the researcher to proceed with an analysis
of the new provisions without being fettered by consideration of issues which remain
unresolved within the common law jurisdiction to suspend a sentence as observed in
chapters 5 and6.
However, it has been argued in the previous section that two distinct jurisdictions to
suspend a sentence now co-exist. Instead a hybrid or dual approach will be deployed in
such an exercise. Firstly, the section or sub-section will be discretely analysed to
determine its purpose and secondly the suspended sentence will be subjected to further
analysis in light of the developed jurisprudence on the sanction at common law.
Additionally, critical material such as articles, reports and the 1967 Criminal Justice Bill will
be revisited to discern the purpose and contours of the new provisions with particular
reference to any attempt to limit or expand the discretionary elements of the procedure
within the newsanction.
LOCATING THE RATIONALE OF THE SUSPENDED SENTENCE UNDER
SECTION 99
A crucial issue immediately presents when analysing Section 99 in light of the rationales
advanced for the use of the suspended sentence in chapters 5 and 6 and that is: Does the
statutory suspended sentence provided for under Section 99 alter the purpose of the
suspended sentence from a position which it previously held under the common law
regime?
Section 99(1) provides:
Where a person is sentenced to a term of imprisonment (other than a mandatory
term of imprisonment) by a court in respect of an offence, that court may make an
order suspending the execution of the sentence in whole or in part, subject to the
person entering into a recognisance to complywith the conditions of, or imposed in
relation to, the order.
The marginal note describes the Section as a “power to suspend sentence”.
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