The Irish High Court has found sections 99.9 and 99.10 of the Criminal Justice Act 2006 unconstitutional in a challenge to the statutory framework concerning suspended sentences.
The sections relate specifically to those convicted of an offence but granted a suspended sentence, and the process which is triggered when they are tried for a second offence. On conviction of a second offence, the matter of the first offence is sent to the original sentencing court to determine whether the original suspended sentence should be activated. Where it is activated, it risks detaining someone unlawfully as they cannot appeal their second conviction before this activation of their suspended sentence. Where they are successful in their subsequent appeal, the basis on which the suspended sentence was activated would have been incorrect and thus any detainment would be unjustified.
The challenge to section 99 was taken by six different applicants, all of whom argued that its provisions were unfair and breached their constitutional rights to equal treatment. They had been convicted of a range of different offences, including public order offences, driving without insurance and attempted robbery.
The High Court decision has led to a number of appeals being lodged by those currently serving a reactivated suspended sentence, but there is no indication as to exactly how many prisoners might be affected. It is understood that emergency laws to deal with the consequences of the decision are in the final stages of drafting and may be put before the Oireachtas in the coming weeks.