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As noted, the procedure under Section 99(9) is mandatory on the court whereas
procedures under Section 99(13) and (14) are discretionary on the part of the Garda
Siochana, the Prison Governor and the Probation Service. It is not quite clear why the
activation of the suspended sentence would continue to be enforceable after the expiration
of the period of suspension under Section 99(13) and (14) but would not be so enforceable
under Section 99(9). Moreover, except for the general case lawapplicable in respect of the
issue in delayin taking prosecutions (The State (O’Connell) – v -Fawsitt 1996 I.R. 362) and
delay within the courts in dealing expeditiously with cases (People (D.P.P) – v – Arthurs
2000 2 ILRM 363), there is no time limit at all applicable in respect of cases brought back
for revocation under Section 99(13) and (14). This precise time limitation was anticipated
in the 1967 Bill where under Section 50(2) which provided that all suspended sentences no
matter how long would be unenforceable after 3 years “except in the event of a breach
during that period of a condition subject to which it was suspended” (Section 50(2)).
Thus, notwithstanding the strict time limit placed on enforceability under Section 50(2) of
the 1967 Bill, there was to be no ambiguity on the making of a complaint for breach after
the same period hadexpired.
So, besides the issue of conditionalitywhich will be discussed in the next section, the other
critical component of the newstatutory suspended sentence is the issue of time limits and
the duration of the sanction. A revocation of a suspended sentence pursuant to Section
99(9) and (10) must commence with a subsequent conviction obtained within the period of
suspension (Section 99(9)). A subsequent conviction obtained after the period of
suspension, but in respect of an offence committed during the period of suspension is not
amenable to the revocation process under Section 99(9). On the other hand the Garda
Siochana, a Prison Governor or a Probation Officer may apply for a revocation of a
suspended sentence at their discretion after the period of suspension has expired on the
basis that the offender “has contravened” a condition of the suspended sentence. Thus,
the time limits are quite circumscribed for the mandatory procedure (Section 99(9)) where
a court must remand a convicted person subject to a suspended sentence, but the time
issues are apparently open-ended for the discretionaryprocedure under Section 99(13) and
(14).
However, the time limits discussed above relate to the periods during which an application
to revoke a suspended sentence may be made. Somewhat different time considerations
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