The Suspended Sentence in Magistrates' Courts
| DOI | 10.1177/002201836603000108 |
| Date | 01 January 1966 |
| Published date | 01 January 1966 |
| Subject Matter | Article |
lrhe Suspended Sentence
Magistrates' Courts
.
In
IN a recent article published in The Magistrate, Mr. Brian
Leighton, J.P. strongly supports
the
introduction of the
Suspended Sentence.
The
Suspended Sentence is practised
extensively abroad and
it
is now finding increasing support
in
this country.
The
principle of
the
Suspended Sentence is that
the
court
actually passes a sentence of
imprisonment-thus
recording
the
offender's behaviour as meriting
imprisonment-but
it
suspends
the
execution of
the
committal warrant for a set
period.
If
during
the
period of suspension
the
offender is not
convicted of a further offence, the execution of
the
sentence is
cancelled-but
not, of course,
the
conviction. If, however,
the
offender is convicted of a further offence during
the
prescribed
period,
the
sentence is automatically enforced unless
the
court
finds special reasons for not enforcing
the
original adjudication.
The
Suspended Sentence has much to commend it,
especially in
the
case of First Offenders or where in present
circumstances a very short
term
of imprisonment would be
passed.
It
is argued
that
the
threat of an actually promised
term
of imprisonment would provide an effective deterrent
against offenders committing further offences.
If
the
Suspended Sentence is to be introduced it will be necessary to
ensure that the Courts are not only given
the
powers necessary
to make it an effective deterrent
but
also that
the
courts use
these powers.
Those who have doubts as to
the
advisability of intro-
ducing the Suspended Sentence argue
that
it will not prove to
be any more effective as a deterrent
than
aProbation Order or
an Order for Conditional Discharge. Some Magistrates at
present warn defendants when making a Probation Order or an
order for Conditional Discharge that
if
they commit any
6s
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