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for a minor infraction of not keeping the peace, especially where no criminal offence has
been committed, the offender is liable to be imprisoned (Dignam – v – Groarke and DPP
High Court, 27 th July 2000 IEHC Bailii). The future operation of the suspended sentence
under Section 99, particularly having regard to the level of discretion exercisable by the
Garda Siochana, Prison Governors, the Probation Service and by the Courts, raises
interesting questions. Will the operation of the section displace the common law
jurisdiction, especially having regard to the enhanced enforcement procedures under
Section 99? Will courts extend the use of the suspended sentence and part suspended
sentence to cases which previously would be disposed of by way of a fine or under the
Probation Act? If, as anticipated, there is a wider use made of the section what level of
committals will eventually result upon breach and what might this mean for the use and
level of imprisonment in the State? Will the greater level of control invested in the Garda
Siochana, Prison Governors and Probation Officers have a significantly positive effect
upon the level of persistent offending among certain groups of offenders who might be
targeted for intervention under the section and if not will the section be used to target for
incarceration a discrete group of offenders specificallyfor custodial selection?
The introduction of the suspended sentence under Section 99 presents a challenge to the
various agencies operating within the criminal justice system in Ireland, not least the
sentencing courts themselves. The advantages presented in the legislation, particularlythe
issue of enhanced enforceability, may encourage sentencers to use the sanction more
widely. However, if the scope of the sanction is not delineated by the superior courts to
serious cases only, it is likelythe Irish sentencing courts look set to continue the use of the
sanction as an alternative to alreadyestablished non-custodial sanctions.
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