A suspended sentence is supposed to act
as a deterrent against future offending within the period of suspension. The protocol is that upon conviction of a
further offence the sentence should be activated in whole or part failing which
the court must state its reasons for not so doing. I commented on this topic
in some detail exactly one year ago. What has
interested me was a report from Northern Ireland where a District Judge
presumably operating on devolved legislation decided not to activate a very
recently imposed suspended sentence order because
the current offence was of a different kind from the previous. This reasoning has never previously crossed
my horizon. Perhaps somebody can explain
the law behind the DJ`s decision? After
all walking the plank was not much of a deterrent without the ocean below.
I do not know what his suspended sentence was given for but you would surely not think it was right to activate a suspended sentence given for shoplifting if the defendant was subsequently caught speeding.
ReplyDelete