Tánaiste Frances Fitzgerald introduced legislation to deal with a High Court finding that some suspended sentencing provisions were unconstitutional.
She said Mr Justice Moriarty had found last April the section of the Criminal Justice Act 2006, providing for the suspension and subsequent revocation of prison sentences, was unconstitutional.
She said a person could serve some or all of a revoked suspended sentence because of a second offence, the conviction for which might be quashed on appeal.
“It is necessary, therefore, to amend the legislation to provide that an appeal may be taken in relation to a second, triggering offence, before revocation of the suspended sentence is considered by the revocation court,’’ she added.
Ms Fitzgerald said the implications of the High Court judgment had been considered in consultation with the Attorney General.
The amending legislation had been prepared in order to address the particular difficulty identified so that the procedures relating to suspended sentences could operate effectively and efficiently as possible.
Ms Fitzgerald said suspended sentences were an integral part of the judicial sentencing regime, indeed of the criminal justice system in general.
They could be used, she said, as an alternative to the imposition of a custodial sentence where the court considered that the person might benefit from a second chance and that justice might be better served with the imposition of a suspended sentence.
“Suspended sentences are a valuable sentencing mechanism for the courts – a deterrent to the commission of further offences – since the threat of the original prison sentence remains,’’ she added.
