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Generallyspeaking, the Legislature has investedthe Judiciarywith a wide discretion when it
comes to the construction of conditions which may be attached to a suspended sentence.
Significantly they have not sought to circumscribe the power of the courts to attach any
condition. Provided it is appropriate and is aimed at reducing the likelihood of offending it
is permissible. Again, one may observe a certain deference by the Legislature to the
Judiciary in allowing so wide a discretion in the construction of conditions which may be
attachedto a suspended sentence.
In summary, the suspended sentence under Section 99 is always subject to conditions. At
the very least it is a condition precedent to the making of every suspended sentence under
Section 99 that the offender enter into a recognisance conditioned that s/he keep the peace
andbe of good behaviour (Section 99(2)). Section 99(3) and (4) allows the court to specify
conditions appropriate to the offender’s circumstances and the offence itself. But the
distinct possibility may arise that a court could specify conditions which might be
disproportionate to the offence and unsuited to the offender’s circumstances. The now
defunct condition that an Irish offender should leave the jurisdiction or suffer a custodial
sentence instead, may re-emerge in respect of non-European Union nationals convicted of
serious crimes. As noted, Section 50 of the Criminal Justice Bill 1967 sought to prohibit
such a condition , but this provision was not repeated in the present legislation . The
Alexiou case (supra) at common lawdoes however permit such a condition to be attached
to a suspended sentence.
ACTIVATION OF SENTENCE
The suspended sentence in Ireland is enhanced by the provision of clear procedural rules
which provide for the establishment, maintenance and revocation of a suspended sentence
under Section 99 of the Criminal Justice Act 2006. The provision of these procedures
within the statute itself is perhaps the most significant contribution which the section
makes in respect of the suspended sentence. Heretofore, under the common law
jurisdiction, the procedures for making and revoking a suspended sentence were based
upon the application of principles of natural justice, a mosaic of case lawprecedents and a
fewlimited District Court rules. The Legislature has seen fit to prescribe procedural rules
applicable in the making and revocation of a suspended sentence in a statutory form
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