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NEWSPAPERS Fry, M. (1957), Justice for Victims , The Observer , 7 th ,July1957 Freiberg, A. (2006) The Suspended Sentence in Australia, ABC Broadcast – 25 th July, 2006. Taylor, M. (1991) Community Service Is Not Just A Cut Price Alternative To Jail. Irish Independent 6 th of January1991 UNPUBLISHED SOURCES Cooney, P. (1976) Address at the Crime and Punishment Seminar held by the Mental Health Association of Ireland: (Unpublished) Halton, C. (1979) The Role and Task of the Probation and Welfare Officer in Ireland with Particular Reference to the Juvenile Justice System: Perspectives on Policy, Organisation and Practice. M.Sc. Thesis Unpublished, Boole LibraryUniversityCollege Cork Halton, C. (2007), Making Sense of Probation: Changing Contexts and Constructions of Probation Practice in Ireland, Unpublished PhD Thesis, Boole Library, University College Cork . Hardiman, A. (2004) The Suspended Sentence In Ireland, Paper to the Middle Temple Colloquium, 24 th April, 2004. Jennings, H. (1990), Community Service Orders in Ireland: Evolution and Focus, A Dissertation Submitted to the Department of Social Administration and Social Work, UniversityCollege Dublin, in part fulfilment of the Degree of Master of Social Science. McGrath, A. (2008) The Role of the Victim. Unpublished PhD. Thesis, University College, Cork (pending). Needham, M. (1983) The District Court An Empirical Study of Criminal Jurisdiction, Thesis submittedfor LLMDegree, UniversityCollege Galway, Riordan, D. (2000), Diversion to Treatment: A Study of Drug Related Cases in the Dublin Metropolitan District Court, M.Sc. Thesis submitted as part fulfilment thereof, Dublin University(LibraryT.C.D.). Ryan, A. and Riordan, D. (November, 2004), Sentencing in the District Court: A Survey of Penalties Judicial Studies Institute: Dublin. Tuck, N. (1988) The Future of Corrective Research, a Paper Presented at the Australian Bicentennial International Conference of Corrective Services, Sydney 429
Young, W. (1978) Community Service Orders: The Development of a New Penal Measure (Ph.D. Thesis, University of Cambridge, Unpublished) (Quoted in Community Service By Order (1990) Edited Pease, K. and McWilliams, W.) Edinburgh: Scottish Academic Press SEMI-OFFICIAL PUBLICATIONS Conservative Party Study Group (1966), Crime Knows No Boundaries, (Chairman: Rt. Hon. Peter Thorneycroft, MP) London: Conservative Political Centre Flegg, D. et al (1976), Community Service: Consumer Survey 1973-1976. Nottingham, Nottinghamshire Probation andAfter-Care Service. Labour Party Study Group (1974) Crime A Challenge to Us All, (Chairman: Lord Longford), London, Transport House Nottinghamshire Probation andAfter Care Service (1975), Community Service Project National Association of Probation Officers (1978), Report of a Working Group of the Professional Committee, Community Service Orders Practice and Philosophy: 18, London: N.A.P.O Phipps, F.G. (1975), Community Service Orders: An Evaluation Report of Two Years of Community Service by Offenders in Durham County, Durham and County Probation andAfter Care Service Rex, S. A. (2000) Applying Accreditation Criteria to Community Service, Paper prepared for Advise to Joint Prison and Probation Accreditation Panel CASES Brennan v Minister for Justice [1995] 1 I.R. 612 C.W. ShippingLtd. –v – Limerick Harbour Commissioners [1989] ILRM416 Brennan – v – Windle and others, Supreme Court 31 st July, 2003, I.E.S.C. Bailii Burns –v- Governor of St. Patrick’s Institution, High Court, 3 rd February, 1995, Unreported. Dignam – v – Groarke and Director of Public Prosecutions, 17 th November, 2000 I.E.H.C., 150, Bailii DPP (Comiskey) – v – Traynor (A minor) 2005, 27 th July, The High Court I.E.H.C. 295 Bailii Foley-v- Murphyand The Director of Public Prosecutions [2005] , I.R.574. George Wimpey& Co. Ltd. – v – B.O.A.C. [1955] A.C. 169. 430
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Title The role of the community ser
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DECLARATION The contents of this th
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Acknowledgements I wish to acknowle
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TABLE OF CONTENTS Declaration .....
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Activation Of The Suspended Sentenc
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from an assumed jurisdiction of the
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Probation Service. Instead each age
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these considerations are subject to
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not slow to inform the “naïve”
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the PhD programme. Notwithstanding
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One of the constant criticisms of t
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the year 2006 for a whole year surv
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the exigencies which presented befo
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eference solely to the function of
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In addition to the general, social
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having been exported from the Antip
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Any attempt to locate the origins o
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Hulks or Prison Ships The Act which
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Many of these commentators have arg
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The use of impressment must also be
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simultaneouslydivertingthe investig
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Wales rose during the same period d
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Thus, against this bleak background
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We do not think it is easyor wise t
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While these latter factors maybe se
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we consulted about the need for for
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taking of vehicles, for some of the
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character of the voluntary sector i
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The Bill was essentially structured
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As community service schemes were t
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significant debate in subsequent st
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imposed, must be described as punis
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this was provided for in sections 1
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(ii) PUNISHMENT Reference has alrea
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that by inserting offenders into su
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not be measured by the same criteri
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encountered by others less-fortunat
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participation do so for a very shor
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ehabilitative potential and such di
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into a relationship of mutual inter
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These issues were examined in this
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CHAPTER 2 COMMUNITY SERVICE ORDERS
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Some aspects of the new functions w
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1977:112). As will be seen later (C
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within one year. The inevitability
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characterised by some British proba
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turn. If the offender turns up and
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former court but not necessarily so
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imprisonment, the suspended sentenc
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not receive a custodial sentence. B
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inhibits any clear measurement of e
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were still significantly belowthe p
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Participation byan offender on comm
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In England and Wales the unknown ri
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unsatisfactory or unreasonable by S
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learned the limits to which theycou
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for non-compliance. Where the proba
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how do Judges deal with breach of c
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administration of the community ser
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control can have the effect of dive
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Manyresponded … byindicating that
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“I cannot think of anycase in whi
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CONCLUSION Throughout this chapter
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CHAPTER 3 “Laws, like houses, lea
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1986). Elements which were consider
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elationship between the host and re
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justice measure from Britain was id
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offences by recidivist offenders. 2
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eyond the area of offenders for who
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provide a significant element of re
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problems was seen as whollyinapprop
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softlysoftlyapproach adopted in the
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Thus the stage was set for somethin
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The White Paper set out a series of
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An amendment by Dr Michael Woods, T
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Andhe further suggested: Very often
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c) That under this Act the District
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These provisions empower the courts
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task of reporting on the defendant
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While the legislation and regulatio
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service order must specify the alte
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This reply identifies not only the
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the Probation Service to operationa
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Accordingly when the Probation Serv
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custodial penalties. As previously
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particularly in cases of drunk-driv
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this ranging from 63 hours to 11 ho
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made which provided for a substitut
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at each jurisdictional level. The D
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This view was reinforced in a study
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But when the relatively low level o
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“Definitelya term of imprisonment
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who might be suitable for it becaus
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The offender was presented in the r
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“I would be slow in crimes where
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Why is the sanction not used more o
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custodial or non-custodial, will be
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Perceptions by the Judges that fine
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Insofar as it is possible to discer
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e amended to delete the requirement
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allows a community service order to
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year community service was introduc
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anypenaltyimposedon a childfor an o
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Section 110 provides: 1) Where a co
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(a) the revocation of anylicence, (
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accordance with the subsequent prov
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this chapter. The Minister of State
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An analysis of the wording that “
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andseventeen year olds will undoubt
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communityservice into two categorie
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standards for sixteen/seventeen yea
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disengagement fromthe former coloni
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formal imposition of a custodial se
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punishment where a threat of activa
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sessions (Hardiman 2004:5). By way
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Thus the suspended sentence is seen
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validity of the procedure as a sent
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present case”. (R-v-Wightman, 195
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policy of using the suspended sente
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to the emergence of agreement on pr
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sentence. In the Alexiou case, Murr
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deal with the suspendedin a statuto
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criminogenic circumstances which is
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sentence. Sequentially, a custodial
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cases it is not uncommon for the de
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“I don’t tend to favour suspend
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“If you have a person who has bee
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sentence andwhere suspension should
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“This is a very difficult one to
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But the “custodial” designation
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who got verylong suspended sentence
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which is reflectedin the suspendedt
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might otherwise be thought bythe pr
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that the suspended sentence contain
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would apply if an actual custodial
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and this would clearly be the case
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England and Wales. A practice of im
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generallyare reluctant to activate
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abandon” claims Osborough (1982:2
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The activation of the sentence is n
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normal way, allow you leniency, I w
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court had made no mention at the se
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Criminal Appeal, which were the cou
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Thus, the limited statutory review
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The bipolar arrangements of the cou
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specified period. For example, the
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It is worth noting that these sente
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mayfeel at libertyto continue with
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the court if the convicted person f
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maintain progress on a treatment pr
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himself/herself bound over for a lo
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of the District Court to enforce a
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Thus, the utility of suspending the
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other words, a suspended sentence o
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The net point is this - if the oper
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is kept, there is a complete discha
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nature such as conditions prohibiti
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“I think that if the condition is
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Thus it may be observed that the Di
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custodyas a primaryaim of the sente
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Whatever conclusions can be drawn f
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(v) The role of consent. In the cla
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sentence. Thus, the degree to which
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ate of suspended sentences to be 35
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category of offence was not provide
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of a breach of a condition. This is
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“Such a hearing should have been
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juryin the present case. He did not
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“… the only matters which this
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driving or public order and I would
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put forward this argument in his ap
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egime instead. Interestingly, in th
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And “Provision may be made by pri
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(Miscellaneous Provisions) Act 1997
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accused has served his/her custodia
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the Minister for Justice to exercis
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suspended sentence although it has
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(vi) Activation of sentence the piv
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In the Circuit Criminal Court and t
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sanctions have followed. This is bo
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CHAPTER 7 THE SUSPENDED SENTENCE PU
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It will also be demonstrated how th
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of the pre-existing power to suspen
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The Criminal Justice (Public Order)
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In terms of regulating the criminal
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suspended sentences in a statutory
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developed for the enforcement of a
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On a literal interpretation, the Oi
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enjoyed and practiced up to now. In
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portion of a part-suspended sentenc
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This control mechanism is construct
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sentence under Section 99(1) constr
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Although Section 50 (2) seeks to li
Page 387 and 388: As noted, the procedure under Secti
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Page 391 and 392: Generallyspeaking, the Legislature
Page 393 and 394: Besides placing the suspended sente
Page 395 and 396: ehaviour was clearly settled in the
Page 397 and 398: these agencies. But perhaps the mos
Page 399 and 400: Imposition of Fine and Deferment of
Page 401 and 402: courts, this may be too restrictive
Page 403 and 404: for a minor infraction of not keepi
Page 405 and 406: acquire certain dynamic characteris
Page 407 and 408: on this issue. Strictly speaking on
Page 409 and 410: instead of a custodial sentence. A
Page 411 and 412: is a feature of the sanction, place
Page 413 and 414: applications to revoke the suspende
Page 415 and 416: evocation of the sentence which is
Page 417 and 418: There remains a significant deficit
Page 419 and 420: APPENDIX A The questions below were
Page 421 and 422: 11. We spoke about the CommunitySer
Page 423 and 424: REFERENCES AND BIBLIOGRAPHY BOOKS B
Page 425 and 426: Foucault, M. (1975) (Translation Al
Page 427 and 428: McWilliams, W. and Pease, K. (1980)
Page 429 and 430: Ryan, L. (1990) Irish Emigration to
Page 431 and 432: Davies, M. (1974), Social Enquiry f
Page 433 and 434: Roberts, J. (2003), Evaluating the
Page 435 and 436: Expert Group on the Codification of
Page 437: Report into the Case of Philip Shee
Page 441 and 442: People (DPP) -v - Aylmer [1995] 2 I
Page 443: Criminal Law(Amendment) Act 1977 (E
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