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part of a part suspended sentence was efficacious in the control of the released offender
when theystated:
“What you are reallythinking then is a. he has paid for the penalty; b. he will have learned his lesson
with the custodial sentence; c. if he misbehaves when he is released from custodyhe will be brought
back”. A3J1CC
“…the prison effect and the deterrent effect is probably achieved by a relatively short period in jail.
You [are] maybe encouraging the deterrent effect and then maximising it by having the person
under control when they come out… the partially suspended sentence at least gives you an input
later on…” A5J1CC
But one judge of the District Court hintedat enforcement difficulties when he said:
“I am not sure that I am in favour of the part suspended sentence…everybody would seem to
appear to me to be unsure as to howto operate a part suspended sentence”A6J1DC.
The activation of the part-suspended sentence developed under the common law
jurisdiction has always presented a particular difficulty. As a statutory provision, up to
1997, Section 1 of the Prison (Ireland) Act 1907 prevailed over the common law
jurisdiction to grant a part suspended sentence thereby rendering such dispositions of
questionable status. But uncertainties remain on the calculation of remission under the
newstatutoryarrangement.
The Probation Service and the Suspended Sentence
Besides the issue of time limits in the activation of the suspended sentence which was
discussed earlier, the exercise of certain discretionary functions will, in future years, define
the suspended sentence as constructed under Section 99. While the re-entry of a
suspended sentence upon a subsequent conviction and during the period of suspension is
mandatoryupon the courts, Section 99(10) allows the court a wide discretion to ignore the
subsequent conviction and even where the court is moved to revoke the suspended
sentence it mayreplace it with lesser term of imprisonment than originallyspecified.
The reactivation of a suspended sentence under Section 99(13) and (14) upon complaint
for breach of a condition made by a member of An Garda Siochanna, a Prison Governor
or a Probation Officer is clearlyspecified as a discretionaryfunction on the part of each of
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