The use of suspended sentences by Ireland’s judges has been declining but experts are at a loss as to why.
An analysis by the Law Reform Commission (LRC) of sentencing decisions between 2006 and 2015 shows a steady decrease in the number of convicted offenders being handed suspended sentences at circuit court level.
In 2006 40 per cent of all sanctions imposed by the circuit court for specific offences were suspended sentences. The figure in 2015 was 18 per cent.
The use of suspended sentences at district court level for specific road traffic offences, including dangerous driving, drink driving and the unauthorised taking of a vehicle, has remained constant over the same period at 2 per cent of all cases.
Research by the LRC also revealed that all jail sentences applied in two types of white-collar crime were suspended with no offender serving any jail term. The categories were convictions under competition and health and safety legislation.
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The use of suspended sentences in the Irish legal system is being reviewed by the LRC. The commission is now seeking the views of the public and legal professionals on whether the sanctions are being applied appropriately and to find out why their use is in decline.
Tom O’Malley, an LRC commissioner, said the organisation would also ask if the criminal justice system would benefit from the development of further sentencing guidelines.
“Suspended sentences are an important option available to the criminal courts which enable judges to mark the gravity of an offence while at the same time allowing specific circumstances to be taken into account,” he said.
The LRC is expected to issue a report with its findings and recommendations before the end of the year.