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present outside a certain fast-food outlet to clean up the detritus of the night before while
at the same time wearing a sign that s/he had contributed to such a mess in the
commission of an offence? While the word “appropriate” is used in Section 99(3)(a) it is
suggested here that “appropriate” must be tempered by the principle of proportionality as
developed in People (D.P.P.) – v – M [1994] 3 IR 306. Whatever condition is imposed,
such condition must be proportionate to the offender andto the offence.
In chapter 6 a discussion took place about the previous practice of sentencing courts
obliging the offender to leave the jurisdiction or to suffer a custodial sentence if s/he
remained. Noted also were the conviction rates among single young Irish males in Britain
in the 1950s and 1960s some of whom may have arrived in that jurisdiction consequent
upon such orders in this jurisdiction (Russell 1964:146, Ryan 1990, Kilcommins et al 2004).
The Criminal Justice Bill 1967 (Section 50(1)(a)) specifically sought to prohibit the
imposition of a condition restricting the person’s choice of country of residence and the
decisions of the Court of Criminal Appeal in respect of such conditions in the cases of
D.P.P. – v – Alexiou [2003] 3 IR 513 and D.P.P. –v – Dar C.C.A. 14 th February2006 have
been noted. The case lawdeveloped by the Court of Criminal Appeal appears to allowa
condition to be attached to oblige a convicted person to leave the jurisdiction as a
condition of a suspended sentence, provided the convicted person has no real connection
with the State or has no right of establishment under EU Treaties and provided the period
is not overly long or in perpetuity. Whereas previously Section 50(1)(a) of the 1967 Bill
sought to prohibit the forced migration of Irish offenders to Britain, the absence of a
similar provision in Section 99 of the Criminal Justice Act 2006 mayallowcourts, in certain
circumstances, to apply such conditions in respect of persons who do not have a right of
establishment under EU law and have no real connection with the Irish State. In the
context of significant inflows of economic migrants and asylum seekers into the State since
the early 1990s one can expect that a convicted person from such a category of offenders
maycontinue to be subject to conditions to leave the jurisdiction. Indeed, Section 99(3)(b)
couldon a certain reading allowfor such a disposal.
Although Section 99(4) is quite targeted at specific interventions to promote the
rehabilitation of a convicted person sentenced to a part suspended sentence, especially
during the custodial phase of the sentence, as noted earlier, these same conditions may be
appliedto the whollysuspendedsentence under Section 99(3).
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