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starts to operate that where there are breaches of suspended sentences, that the accused are brought
back to court quickly and dealt with quickly and if sentences are imposed, then, I think word will
travel and I think it might then have the desired effect of lessening the number of people going to
prison. But I think until recidivists see that a system is actuallyworking, theywill work the system”.
A2J1DC
It is interesting to note the use of the phrase “word will travel” yet again in the context of
the consequences of a suspended sentence. As previously noted in chapter 6, the phrase
was also used by Osborough in 1982 although for precisely the opposite reason – that the
cognoscenti of the criminal community believed that the suspended sentence once made
couldhave no adverse consequences.
However, the concern remains that an increase in judicial enthusiasm to make more use of
the suspended sentence may import into Irish sentencing the same malfunction which
Sparks identified in the sanction when it was initially deployed in England and Wales
(Sparks 1971). The qualitative data in this study shows that Irish judges are now more
confident that suspended sentences will mean what they say and that such sanctions are
not as previously characterised as “a let off”. There is no evidence in the responses from
the judges to showthat the process of selection of candidates for a suspended sentence is
any different to the practices in other comparable jurisdictions. More first time and
shallowend offenders mayhave their cases disposed of bywayof suspended sentence and
seasoned offenders may be treated more harshly, thus giving rise to a bifurcatory pattern
(Tait 1995:150). But if first time offenders are more frequently placed upon a suspended
sentence rather than probation or upon conditional release or given a fine, they are
potentially placed at greater risk of incarceration upon breach, especially when breach
procedures are significantly enhanced. It is speculated here that this trend may occur
despite the application of a judicial discretion at three separate stages of the procedure, not
to impose a custodial sentence. 169
In Chapter 6, the activation of the part suspended sentence at common lawwas discussed
in detail. In particular, the prisoner’s entitlement to remission of sentence for good
169 The court will have heard three separate and sequential submissions in mitigation bythe lawyer for the accused that the breaching offender would not receive a custodial sentence.
The first stage occurs at the original sentencingin court. The court having imposed a custodial sentence there and then suspends the sentence in whole or in part. The second stage
occurs when the court, upon an application for revocation, decides to ignore the breach, even a non-trivial breach, and to allowthe continuance of the suspension of the sentence.
The thirdstage mayoccur where the court decides at a breach hearingthat the suspendedsentence shouldbe activated. However, the court is empoweredto impose alesser sentence
than that originallyspecifiedandsuspended(Section 99(10)). Thus, the possibilityof afull custodial sentence maybe further mitigated.
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