{"id":1569,"date":"2021-08-02T08:28:55","date_gmt":"2021-08-02T08:28:55","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1569"},"modified":"2024-03-24T14:44:24","modified_gmt":"2024-03-24T14:44:24","slug":"sentencing-framework-2006","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/sentencing-framework-2006\/","title":{"rendered":"Suspended Sentences"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/#Suspended_Sentence\" title=\"Suspended Sentence\">Suspended Sentence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/#Conviction_During_Suspension\" title=\"Conviction During Suspension\">Conviction During Suspension<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/#Application_for_Revocation\" title=\"Application for Revocation\">Application for Revocation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/#Deferring_Sentence_and_Conditions\" title=\"Deferring Sentence and Conditions\">Deferring Sentence and Conditions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/#Application_if_Contravention\" title=\"Application if Contravention\">Application if Contravention<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/#Activation_Clarified\" title=\"Activation Clarified\">Activation Clarified<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/2\/#CRIMINAL_JUSTICE_ACT_2006\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/2\/#Power_to_suspend_sentence\" title=\"Power to suspend sentence.\">Power to suspend sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/sentencing-framework-2006\/2\/#Imposition_of_fine_and_deferral_of_sentence\" title=\"Imposition of fine and deferral of sentence.\">Imposition of fine and deferral of sentence.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Suspended_Sentence\"><\/span>Suspended Sentence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Criminal Justice Act 2006 made formal provision for a sentencing framework.<\/p>\n<p>Where a person is sentenced to a term of imprisonment other than a mandatory term, the court may make an order suspending the sentence in whole or in part, subject to them entering into a recognisance to comply with the conditions imposed.<\/p>\n<p>It should be a condition of the order that the person concerned shall keep the peace and be of good behaviour during the suspended sentence period, or in the case of an order that suspends the sentence in part, the period of imprisonment and period of suspension concerned, and the recognisance shall be specified in the order.<\/p>\n<p>The court may apply such conditions as it considers appropriate having regard to the nature of the offence and which will reduce the likelihood of the person in respect of whom the order is made committing any other offence.<\/p>\n<p>In addition to the above conditions, the court may, in suspending a sentence<\/p>\n<ul>\n<li>impose, any one or more of the following conditions:<\/li>\n<li>that the person co-operates with the probation and welfare service;<\/li>\n<li>that he undergo treatment for drug, alcohol or other substance addiction,<\/li>\n<li>that he undergo a course of education, training or therapy, psychological counselling or such other treatment, as may be approved by the court;<\/li>\n<li>that the person be subject to the supervision of the probation and welfare service.<\/li>\n<\/ul>\n<p>A probation and welfare officer may, at any time before the expiration of a sentence that is suspended, apply to the court for the imposition of any of the conditions referred to above in relation to the order.<\/p>\n<p>Where an order is made under this provision, the court is to cause a copy to be given to the Garda S\u00edoch\u00e1na or in the case of a part suspension only, the governor of the prison. Where a order and conditions of the sort above are applied, it shall also be given to the probation and welfare service.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conviction_During_Suspension\"><\/span>Conviction During Suspension<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person is convicted of an offence during a period of suspension, the court before which the proceedings for the offence are brought shall, before imposing sentence for that offence, remand the person in custody or on bail to the next sitting. The court to which he is so remanded shall revoke the order of suspension above unless it considers that the revocation would be unjust in all the circumstances.<\/p>\n<p>Where the court revokes the order, the person shall be required to serve the entire of the sentence or such part as it considers just having regard to all the circumstances of the case, less any period already served in prison or in custody.<\/p>\n<p>Where an order of suspension is revoked, the person to whom the order applied may appeal against the revocation to such court as would have jurisdiction to hear an appeal against conviction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application_for_Revocation\"><\/span>Application for Revocation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a member of An Garda S\u00edoch\u00e1na, governor of the prison or probation and welfare officer as the case may be has reasonable grounds for believing that a person has contravened relevant conditions, he or she may apply to the court for an order revoking.\u00a0 A warrant may be issued for the arrest of the person, if he does not appear.<\/p>\n<p>The court shall, where it considers satisfied that the person who has contravened a condition of the order, revoke the order unless it considers that in all the circumstances, it would be unjust to do so. Where the court revokes the order, the person shall be required to serve the entire or the remaining part of the sentence, or part as the court considers just.<\/p>\n<p>The breach of condition may include breach of a condition regarding keeping the peace, being of good behaviour, tort. It may reactivate the sentence in full or in whole.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Deferring_Sentence_and_Conditions\"><\/span>Deferring Sentence and Conditions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a court makes an order convicting a person of an offence in respect of which he is liable to both imprisonment and a fine, it may impose the fine and make an order deferring the passing of the sentence of imprisonment, and specifying the term of imprisonment that it will propose if he or she fails to comply with the conditions specified in the order.<\/p>\n<p>The court may only take the above steps if it is satisfied that the person concerned consents to the sentence of imprisonment being deferred, and gives an undertaking to comply with the conditions specified, and having regard to the nature of the offence concerned and all of the circumstances, it would be in the interest of justice so to do.<\/p>\n<p>An order above shall specify the date on which it proposes to pass sentence should there be a contravention of a condition, which is to be not later than six months after the making of the order. It is to specify the conditions with which the person is to comply during the period between the making of the order and the specified date, including a condition that the person be of good behaviour. Copies of the order are to be served on the members of An Garda S\u00edoch\u00e1na etc.<\/p>\n<p>The court is to require the person to attend the sitting of the court not later than one month before the specified date in the order. A person who fails to attend may be arrested on foot of warrant issued.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application_if_Contravention\"><\/span>Application if Contravention<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a member of An Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person to whom an order applies has contravened a condition of the order, he may apply to court for an order imposing imprisonment specified in the order.<\/p>\n<p>The court may, if satisfied that the person in respect of whom the application was made has contravened an order, impose a term of imprisonment it proposed to make at the time of the making of the order unless it considers in the circumstances it would be unjust to do so. If it is satisfied that the person has complied with the condition, it shall not impose a sentence and shall discharge the person.<\/p>\n<p>On the specified date the court may if satisfied that the person has contravened the condition specified, impose the term of imprisonment it proposed to impose, unless it considers that in all the circumstances, it would be unjust to do so and where it considers that it would be unjust to impose imprisonment, it may discharge the person.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Activation_Clarified\"><\/span>Activation Clarified<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 amended the Criminal Justice Act 2006 in relation to the activation of a suspended sentence in the event of the commission of another offence by a person who is subject to a suspended sentence. The Act was designed to clarify the procedures to be followed by the courts in such cases.The need for the amending legislation arose from a High Court judgment of 19 April 2017 which found certain provisions of section 99 to be unconstitutional.<\/p>\n<p>The Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 provides for amendments to section 99 (Power to suspend sentence) of the Criminal Justice Act 2006 with the following effect &#8211;<\/p>\n<ul>\n<li>Where a person who is subject to an order for a suspended sentence commits a subsequent \u201ctriggering\u201d offence during the period of the suspended sentence and is convicted of that triggering offence either during or within a certain period of the suspended sentence, he or she will, following sentencing for the triggering offence, be returned to the court which imposed the order for the suspended sentence to have the matter of activation of the suspended sentence dealt with.<\/li>\n<li>Where a person is returned to the court which imposed the order for the suspended sentence, the court will revoke the order and activate the suspended sentence unless it considers, in all of the circumstances of the case, that it would be unjust to do so.<\/li>\n<li>Where a person appeals his or her conviction or sentence for a triggering offence, the court which imposed the order for the suspended sentence will not consider revocation of the order and will adjourn the proceedings until the appeal for the triggering offence has been determined.<\/li>\n<li>The sentences of imprisonment will be served consecutively, with the suspended sentence consecutive to the sentence for the triggering offence.<\/li>\n<li>Where a suspended sentence is activated in part, a new order may be made suspending the remaining part of the suspended sentence.<\/li>\n<li>Where a suspended sentence is imposed by a court on appeal from another court, the court from which the appeal was taken will consider revocation of the suspended sentence.<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<h4>Power to suspend sentence.<\/h4>\n<p>99.\u2014 (1) Where a person is sentenced to a term of imprisonment (other than a mandatory term of imprisonment) by a court in respect of an offence, that court may make an order suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to, the order.<\/p>\n<p>(2) It shall be a condition of an order under subsection (1) that the person in respect of whom the order is made keep the peace and be of good behaviour during\u2014<\/p>\n<p>(a) the period of suspension of the sentence concerned, or<\/p>\n<p>(b) in the case of an order that suspends the sentence in part only, the period of imprisonment and the period of suspension of the sentence concerned,<\/p>\n<p>and that condition shall be specified in the order concerned.<\/p>\n<p>(3) The court may, when making an order under subsection (1), impose such conditions in relation to the order as the court considers\u2014<\/p>\n<p>(a) appropriate having regard to the nature of the offence, and<\/p>\n<p>(b) will reduce the likelihood of the person in respect of whom the order is made committing any other offence,<\/p>\n<p>and any condition imposed in accordance with this subsection shall be specified in that order.<\/p>\n<p>(4) In addition to any condition imposed under subsection (3), the court may, when making an order under subsection (1) consisting of the suspension in part of a sentence of imprisonment or upon an application under subsection (6), impose any one or more of the following conditions in relation to that order or the order referred to in the said subsection (6), as the case may be:<\/p>\n<p>(a) that the person co-operate with the probation and welfare service to the extent specified by the court for the purpose of his or her rehabilitation and the protection of the public;<\/p>\n<p>(b) that the person undergo such\u2014<\/p>\n<p>(i) treatment for drug, alcohol or other substance addiction,<\/p>\n<p>(ii) course of education, training or therapy,<\/p>\n<p>(iii) psychological counselling or other treatment,<\/p>\n<p>as may be approved by the court;<\/p>\n<p>(c) that the person be subject to the supervision of the probation and welfare service.<\/p>\n<p>(5) A condition (other than a condition imposed, upon an application under subsection (6), after the making of the order concerned) imposed under subsection (4) shall be specified in the order concerned.<\/p>\n<p>(6) A probation and welfare officer may, at any time before the expiration of a sentence of a court to which an order under subsection (1) consisting of the suspension of a sentence in part applies, apply to the court for the imposition of any of the conditions referred to in subsection (4) in relation to the order.<\/p>\n<p>(7) Where a court makes an order under this section, it shall cause a copy of the order to be given F31[, by electronic or other means,] to\u2014<\/p>\n<p>(a) the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(b) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda S\u00edoch\u00e1na.<\/p>\n<p>(8) Where a court has made an order under subsection (1) and imposes conditions under subsection (4) upon an application under subsection (6), it shall cause a copy of the order and conditions to be given F32[, by electronic or other means,] to\u2014<\/p>\n<p>(a) the probation and welfare service, and<\/p>\n<p>(b) (i) the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(ii) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda S\u00edoch\u00e1na.<\/p>\n<p>F33[(8A) (a) Where a person to whom an order under subsection (1) applies\u2014<\/p>\n<p>(i) commits an offence after the making of that order and during the period of suspension of the sentence concerned (in this section referred to as the \u201ctriggering offence\u201d), and<\/p>\n<p>(ii) subject to subsection (8B), is convicted of the triggering offence,<\/p>\n<p>the court before which proceedings for the triggering offence are brought shall, after imposing sentence for that offence, remand the person in custody or on bail to a sitting of the court that made the said order to be held\u2014<\/p>\n<p>(I) no later than 15 days after such remand, or<\/p>\n<p>(II) if there is no sitting of that court within that period, to the next sitting of that court thereafter,<\/p>\n<p>and, if there is no sitting of that court on the day to which that person has been remanded, he or she shall stand so remanded to the sitting of that court next held after that day.<\/p>\n<p>(b) The remand of a person in custody or on bail under paragraph (a) to a sitting of the court that made the order under subsection (1) concerned applying to the person may be to a sitting of that court other than a sitting thereof referred to in paragraph (c).<\/p>\n<p>(c) Subject to paragraph (b), references in paragraph (a) to a sitting of a court shall be construed as references to a sitting of the court at a place and time appointed or fixed for sittings of that court by or under statute.<\/p>\n<p>(8B) Subsection (8A) applies to a conviction of a person for an offence if proceedings for the offence are instituted against the person during the period of suspension of the sentence concerned pursuant to the order under subsection (1) applying to the person and 12 months thereafter.<\/p>\n<p>(8C) Subject to subsection (8D), a court to which a person has been remanded under subsection (8A) shall revoke the order under subsection (1) concerned unless it considers that the revocation of that order would be unjust in all the circumstances of the case, and where the court revokes that order, the person shall be required to serve the entire of the sentence of imprisonment originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody (other than a period spent in custody by the person in respect of the triggering offence) pending the revocation of the said order.<\/p>\n<p>(8D) Where a person appeals against conviction or sentence for the triggering offence, a court referred to in subsection (8C) may, upon application in that behalf by the person, adjourn the proceedings under that subsection for such period as the court considers appropriate to enable that person to bring the appeal and for it to be determined.<\/p>\n<p>(8E) If an appeal brought by the person concerned against conviction or sentence for the triggering offence is withdrawn or abandoned, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.<\/p>\n<p>(8F) On the determination of an appeal against conviction or sentence for the triggering offence brought by the person concerned\u2014<\/p>\n<p>(a) if the order of the court before which proceedings for that offence were brought is reversed insofar as it relates to the conviction for that offence or the conviction for that offence is quashed, the court referred to in subsection (8C) shall dismiss the proceedings under that subsection, and<\/p>\n<p>(b) in all other cases, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.<\/p>\n<p>(8G) When an appeal against conviction or sentence for the triggering offence is withdrawn, abandoned or determined, the person concerned shall, for the purposes of subsections (8E) and (8F), appear before the court referred to in subsection (8C) whenever he or she is required to do so by that court.<\/p>\n<p>(8H) In subsections (8D) to (8G), references to an appeal against conviction or sentence for the triggering offence shall be construed as references to an appeal against conviction or sentence, as the case may be, for that offence, whether by way of rehearing, case stated or otherwise.]<\/p>\n<p>(9) &#8230; [declared unconstitutional, see E-note below]<\/p>\n<p>(10) &#8230; [declared unconstitutional, see E-note below]<\/p>\n<p>F34[(10A) F35[\u2026]]<\/p>\n<p>F36[(11) (a) Where an order under subsection (1) applying to a person is revoked under subsection (8C), any period of imprisonment required to be served by the person as a result of that revocation shall be consecutive on any sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person in respect of the triggering offence.<\/p>\n<p>(b) Paragraph (a) shall not apply if the execution of the sentence of imprisonment imposed on the person in respect of the triggering offence is wholly suspended under subsection (1).]<\/p>\n<p>(12) Where an order under subsection (1) is revoked in accordance with this section, the person to whom the order applied may appeal against the revocation to such court as would have jurisdiction to hear an appeal against any conviction of, or sentence imposed on, a person for an offence by the court that revoked that order.<\/p>\n<p>(13) Where a member of the Garda S\u00edoch\u00e1na or, as the case may be, the governor of the prison to which a person was committed has reasonable grounds for believing that F37[a person to whom an order under subsection (1) applies has contravened the condition referred to in subsection (2) or a condition imposed under subsection (3), he or she may apply] to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).<\/p>\n<p>F38[(13A) The Director of Public Prosecutions may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection (3), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).]<\/p>\n<p>(14) A probation and welfare officer may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection F39[\u2026](4), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).<\/p>\n<p>(15) Where the court fixes a date for F40[the hearing of an application referred to in subsection (13), (13A) or (14)], it shall, by notice in writing, so inform the person in respect of whom the application will be made, or where that person is in prison, the governor of the prison, and such notice shall require the person to appear before it, or require the said governor to produce the person before it, on the date so fixed and at such time as is specified in the notice.<\/p>\n<p>(16) If a person who is not in prison fails to appear before the court in accordance with a requirement contained in a notice under subsection (15), the court may issue a warrant for the arrest of the person.<\/p>\n<p>(17) A court shall, where it is satisfied that a person to whom an order under subsection (1) applies has contravened a condition of the order, revoke the order unless it considers that in all of the circumstances of the case it would be unjust to so do, and where the court revokes that order, the person shall be required to serve the entire of the sentence originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody pending the revocation of the said order.<\/p>\n<p>(18) A notice under subsection (15) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:<\/p>\n<p>(a) by delivering it to the person;<\/p>\n<p>(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;<\/p>\n<p>(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.<\/p>\n<p>F41[(18A) Where, under subsection (8C) or (17), a court revokes an order under subsection (1) applying to a person and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her, the court may make a further order suspending the execution of the part of the sentence of imprisonment that is not required to be served by the person and such further order shall, for the purposes of this section, be regarded as an order made under subsection (1) applying to the person and that subsection shall apply accordingly.]<\/p>\n<p>(19) This section shall not affect the operation of\u2014<\/p>\n<p>(a) section 2 of the Criminal Justice Act 1960 or Rule 38 of the Rules for the Government of Prisons 1947 (S.R. &amp; O. No. 320 of 1947), or<\/p>\n<p>(b) subsections (3G) and (3H) of section 27 of the Misuse of Drugs Act 1977.<\/p>\n<p>F42[(19A) If, in relation to a person, the application of subsection (11) conflicts with any of the other consecutive sentencing provisions with regard to the sequence in which the following shall be served by the person, namely\u2014<\/p>\n<p>(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,<\/p>\n<p>(b) the period of imprisonment required to be served by the person under subsection (8C), and<\/p>\n<p>(c) a sentence of a term of imprisonment imposed on the person for another offence of which he or she is convicted,<\/p>\n<p>the court referred to in subsection (8C) or any other court concerned may determine that sequence in such manner as it considers just, provided that the sentences of imprisonment referred to in paragraphs (a) and (c) and the period of imprisonment referred to in paragraph (b) shall be consecutive on each other.<\/p>\n<p>(19B) Where a person is convicted of the triggering offence by the District Court and an order under subsection (1) applying to the person is revoked by the District Court under subsection (8C), the aggregate of\u2014<\/p>\n<p>(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,<\/p>\n<p>(b) the period of imprisonment required to be served by the person under subsection (8C), and<\/p>\n<p>(c) a sentence of a term of imprisonment for any other offence imposed on the person by the District Court that is required by any of the other consecutive sentencing provisions to be consecutive on the sentence of imprisonment referred to in paragraph (a) or the period of imprisonment referred to in paragraph (b) or vice versa,<\/p>\n<p>shall not exceed 2 years.]<\/p>\n<p>F34[(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.]<\/p>\n<p>F43[(21) Where\u2014<\/p>\n<p>(a) under subsection (8C), an order under subsection (1) applying to a person is revoked and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her under that subsection, and<\/p>\n<p>(b) a court imposes a sentence of a term of imprisonment on the person that is to be consecutive on the sentence of imprisonment referred to in paragraph (a),<\/p>\n<p>the sentence of imprisonment referred to in paragraph (b) shall commence at the expiration of the period of imprisonment required to be served by the person under subsection (8C) referred to in paragraph (a).<\/p>\n<p>(22) Where an order under subsection (1) is made by a court on appeal from another court\u2014<\/p>\n<p>(a) the reference in subsection (8A) to the court that made the order under subsection (1),<\/p>\n<p>(b) the references in subsections (8C), (8D), (8G), (13) to (17), (18A) and (19A) to the court that may exercise jurisdiction under each of those subsections, and<\/p>\n<p>(c) the reference in subsection (12) to the court that revoked the order under subsection (1),<\/p>\n<p>shall be construed as references to the court from whose order or decision the appeal was taken.<\/p>\n<p>(23) In this section the \u201cother consecutive sentencing provisions\u201d means\u2014<\/p>\n<p>(a) section 5 of the Criminal Justice Act 1951,<\/p>\n<p>(b) section 13 of the Criminal Law Act 1976,<\/p>\n<p>(c) section 11 of the Criminal Justice Act 1984,<\/p>\n<p>(d) section 54A of the Criminal Justice (Theft and Fraud Offences) Act 2001, and<\/p>\n<p>(e) any other enactment that requires or permits a court to impose a consecutive sentence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(a), S.I. No. 1 of 2019.<\/p>\n<p>F32<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(b), S.I. No. 1 of 2019.<\/p>\n<p>F33<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(c), S.I. No. 1 of 2019.<\/p>\n<p>F34<br \/>\nInserted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(c) and (e), S.I. No. 236 of 2007.<\/p>\n<p>F35<br \/>\nDeleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(d), S.I. No. 1 of 2019.<\/p>\n<p>F36<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(e), S.I. No. 1 of 2019.<\/p>\n<p>F37<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(f), S.I. No. 1 of 2019.<\/p>\n<p>F38<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(g), S.I. No. 1 of 2019.<\/p>\n<p>F39<br \/>\nDeleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(h), S.I. No. 1 of 2019.<\/p>\n<p>F40<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(i), S.I. No. 1 of 2019.<\/p>\n<p>F41<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(j), S.I. No. 1 of 2019.<\/p>\n<p>F42<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(k), S.I. No. 1 of 2019.<\/p>\n<p>F43<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(l), S.I. No. 1 of 2019.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C9<br \/>\nReferences construed (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 3, S.I. No. 1 of 2019.<\/p>\n<p>Construction of references<\/p>\n<p>3. A reference in any enactment, within the meaning of the Interpretation Act 2005, to\u2014<\/p>\n<p>(a) subsection (9) of section 99 of the Act of 2006 shall be construed as a reference to subsections (8A) and (8B) (inserted by section 2 (c)) of the said section 99, and<\/p>\n<p>(b) subsection (10) of section 99 of the Act of 2006 shall be construed as a reference to subsection (8C) (inserted by section 2 (c)) of the said section 99.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E33<br \/>\nDeclared unconstitutional: subss. (9) and (10) declared unconstitutional (19.04.2016) by Moore v DPP [2016] IEHC 244. The Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017) was enacted in response to this decision.<\/p>\n<p>E34<br \/>\nPrevious affecting provision: subs. (9) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28\/2009), s. 51, S.I. No. 330 of 2009 and (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(a), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.<\/p>\n<p>E35<br \/>\nPrevious affecting provision: subs. (10) amended (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(b), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.<\/p>\n<p>E36<br \/>\nPrevious affecting provision: subs. (11)(a) substituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(d), S.I. No. 236 of 2007; substituted as per F-note above.<\/p>\n<h4>Imposition of fine and deferral of sentence.<\/h4>\n<p>100.\u2014 (1) Where a court makes an order convicting a person of an offence in respect of which the person is liable to both a term of imprisonment and a fine, the court may, subject to subsection (2) \u2014<\/p>\n<p>(a) impose a fine on that person in respect of the offence, and<\/p>\n<p>(b) make an order\u2014<\/p>\n<p>(i) deferring the passing of a sentence of imprisonment for the offence, and<\/p>\n<p>(ii) specifying the term of imprisonment that it would propose to impose on the person in respect of that offence should he or she fail or refuse to comply with the conditions specified in the order.<\/p>\n<p>(2) A court shall not perform functions under subsection (1) unless it is satisfied that\u2014<\/p>\n<p>(a) the person concerned consents to the sentence of imprisonment being deferred,<\/p>\n<p>(b) the person gives an undertaking to comply with any conditions specified in an order made under subsection (1) (b) , and<\/p>\n<p>(c) having regard to the nature of the offence concerned and all of the circumstances of the case, it would be in the interests of justice to so do.<\/p>\n<p>(3) An order under subsection (1) (b) shall specify\u2014<\/p>\n<p>(a) the date (in this section referred to as the \u201cspecified date\u201d) on which it proposes to pass sentence should the person contravene a condition of the order, being a date that falls not later than 6 months after the making of the order, and<\/p>\n<p>(b) the conditions with which the person concerned is to comply during the period between the making of the order and the specified date, including a condition that the person be of good behaviour and keep the peace.<\/p>\n<p>(4) Where a court makes an order under subsection (1) (b) , it shall cause a copy of the order to be given to the person in respect of whom it is made and the Garda S\u00edoch\u00e1na.<\/p>\n<p>(5) A court that has made an order under subsection (1) (b) shall not later than one month before the specified date require the person in respect of whom the order was made, by notice, to attend a sitting of the court on that date and at such time as is specified in the notice.<\/p>\n<p>(6) If a person fails to comply with a requirement in a notice under subsection (5) , the court may issue a warrant for the arrest of that person.<\/p>\n<p>(7) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person to whom an order under subsection (1) (b) applies has contravened a condition of the order, he or she may apply to the court to fix a date for the hearing of an application for an order imposing the term of imprisonment specified in the order in accordance with subsection (1) (b) (ii) .<\/p>\n<p>(8) Where the court fixes a date for the hearing of an application referred to in subsection (7) , it shall, by notice in writing, so inform the person in respect of whom the application will be made, and such notice shall require the person to appear before it on the date so fixed and at such time as is specified in the notice.<\/p>\n<p>(9) If a person fails to appear before the court in accordance with a requirement contained in a notice under subsection (8) , the court may issue a warrant for the arrest of the person.<\/p>\n<p>(10) Upon an application by a member of the Garda S\u00edoch\u00e1na for an order imposing the term of imprisonment specified in accordance with paragraph (b) (ii) of subsection (1) , a court may, if it is satisfied that the person in respect of whom the application was made has contravened a condition specified in the order under that subsection, impose the term of imprisonment that it proposed to impose at the time of the making of the order under that subsection (or such lesser term as it considers just in all of the circumstances of the case), unless it considers that it would in all the circumstances be unjust to so do.<\/p>\n<p>(11) On the specified date the court shall, if it is satisfied that the person in respect of whom the order under subsection (1) was made has complied with the conditions specified in the order, not impose the sentence that it proposed to impose when making that order and shall discharge the person forthwith.<\/p>\n<p>(12) On the specified date the court may, if it is satisfied that the person in respect of whom the order under subsection (1) was made has contravened a condition specified in the order, impose the term of imprisonment that it proposed to impose at the time of the making of the order (or such lesser term as it considers just in all of the circumstances of the case) unless it considers that in all of the circumstances of the case it would be unjust to so do, and where it considers that it would be unjust to impose a term of imprisonment it shall discharge the person forthwith.<\/p>\n<p>(13) A notice under subsection (5) or (8) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:<\/p>\n<p>(a) by delivering it to the person;<\/p>\n<p>(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;<\/p>\n<p>(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.<\/p>\n<p>(14) Section 18(1) of the Courts of Justice Act 1928 is amended by the insertion of \u201c, including an order under section 100 (1) of the Criminal Justice Act 2006\u201d after \u201cthe person against whom the order shall have been made\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1569\" data-postid=\"1569\" class=\"themify_builder_content themify_builder_content-1569 themify_builder tf_clear\">\n    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Where a person is sentenced to a term of imprisonment other than a mandatory term, the court may make an order suspending the sentence in whole or in part, subject to them entering into a recognisance to comply with the conditions [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[71,362],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1569"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1569"}],"version-history":[{"count":11,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1569\/revisions"}],"predecessor-version":[{"id":34033,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1569\/revisions\/34033"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1569"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1569"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1569"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}