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Conviction need not necessarily include sentence in order for it to be a conviction in context of suspended sentence
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Court of Appeal, having declared that legislation governing the revocation of suspended sentences provides a right of appeal to the Court of Appeal against any order of the Circuit Court to reactivate in whole or in part a suspended sentence, dismisses cross appeal regarding the meaning of the words ‘convicted of an offence’ and the sufficiency of the details on the face of the warrant, finding that: 1) the legislature has decided, on occasion, to separate conviction and sentence; and 2) the jurisdiction which was exercised and which led to the appellant being taken into custody was clearly set out in the warrant.
Criminal law – suspended sentences – interpretation of s. 99 of the Criminal Justice Act 2006 – practice and procedure – whether the absence of a right of appeal against the decision of the Circuit Court to reactivate the suspended sentence in the case of Mr. McCabe rendered s. 99 of the 2006 Act or parts thereof unconstitutional – meaning of the words ‘convicted of an offence’ – s. 18(1) of the Courts of Justice Act 1928 – s. 50 of the Courts (Supplemental) Provisions Act 1961 – content of the warrant is sufficient – dismiss cross appeal.
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