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evocation of the sentence which is suspended if the prisoner is not compliant while in
custody. This may allow the prison authorities to oblige offenders to participate in
therapeutic programmes, such as sex offender programmes, while serving the initial period
of a part-suspended sentence. In time this may emerge as a significant instrument in the
efficacyof such programmes.
The revocation of the part-suspended sentence may present certain difficulties in the
calculation of the period of custodyto be served if the offender is found to be in breach by
virtue of the separate calculation of remission of sentences. The anomalies identified in this
studymight be rectified in statutoryprovisions for the avoidance of such doubt.
A certain change of emphasis was noted in the surveys where judges expressed greater
confidence in the use of the suspended sentence following the implementation of Section
99 of the Criminal Justice Act 2006. The judges claimed they have now been given
ownership of the function of re-entry of cases where the offender re-offends and is
convicted. As a result their confidence in the efficacyof the machinery of the sanction has
increased significantly. However, the efficiency of the machinery of the sanction should
not be equated with the efficacy of the sanction itself. Generally speaking, the judges had
an open mind on the efficacyof the sanction in relation to recidivism. When challenged on
this by the writer, the usual response was to individualise the sentence by reference to a
single offender. If the offender breaches, theyclaimed s/he has onlyher/himself to blame.
But anyperception of a wider efficacyof the sanction itself was not forthcoming. Although
the matter was not specifically addressed in this study having regard to the boundaries
originallyset, it is unlikelythat the suspended sentence in Ireland is anymore efficacious in
the reduction of recidividismthan the literature in other jurisdictions suggests.
It will be recalled that both the public and offenders alike in other jurisdictions when
surveyed have placed the suspended sentence in the category of penalty lower than that of
a small fine. However the Irish judges locate the suspended sentence up close to the
custodial sentence when theyutilise the sanction, notwithstanding that the sanction is more
generallyusedas a deterrent sentence.
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