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applications to revoke the suspended sentence where grounds clearly exist for revocation.
Notwithstandingthis the judges continue to use the sanction extensively.
Perhaps the unbridled enthusiasm for the suspended sentence by Irish judges may be due
to the hope which judges bring to bear when making the sentence rather than any real
expectation that the conditions of the sentence will in the end be complied with. This view
is reinforced by the observation that Irish judges have tended not to invoke a suspended
sentence upon breach except for offences of almost comparable gravity. Thus, a fair degree
of leniency is extended both at the original sentencing and also at the breach hearings to
facilitate the continued suspension of the sanction in hope that ultimatelythe “last chance”
will not need to be extended further. Despite their criticism that outside agencies might
exercise too much discretion in not re-entering cases, it is remarkable that when cases are
re-entered a high degree of discretion is also exercised by the judges themselves by not
revokingthe sentences upon breach.
When considering who should be given a suspended sentence, the judges equally apply a
process of filters to exclude certain categories of serious offenders from the sanction.
Generally, the judges consider cases which were deserving of a custodial sentence suitable
for suspension where some aspect of the case might tip the balance in favour of
suspension. Frequent reference was made to the “last chance” to be extended to the
accused especially where a plea of guilty was offered. Thus, managerial considerations
around the early disposal of cases were identified as important factors in favour of
suspension. However not all of the judges subscribed to this extensive discounting
approach.
But certain offences were usually considered beyond the pale of suspension. In particular,
serious drug dealing offences, serious sexual offences, gun related offences and certain
categories of crime which from time to time the judges believed should require a strict
response to bring certain trends in criminal behaviour to a quick halt such as “epidemics”
of joy-riding in certain localities. On the other hand, judges were not inflexible to the type
of offender who might receive a suspended sentence notwithstanding the seriousness of
the offence. Examples of these included a student with no previous convictions and is
charged with a Section 15(a) offence (Possession of Drugs for Sale or Supply value in
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