Statutory reactivation of suspended sentence declared unconstitutional

Judicial review - criminal - suspended sentences - power to suspend sentence - s.99 of the Criminal Justice Act, 2006 (as amended) - s.60 of the Criminal Justice Act, 2007 - s.51 of the Criminal Justice (Miscellaneous Provisions) Act 2009 - difficulties in application of section 99 - need for revision - Article 40 of the Constitution - reactivation of sentence following further charge - constitutionality of s. 99 - six individual challenges heard together - conviction of minor offence - prior suspended sentence - matter remanded to previous court - desire to appeal District Court conviction - danger that custodial sentence would be served prior to appeal hearing - R. 28 (a) of the Rules of the District Court - precluded from appealing conviction until activation of suspended sentence had been finalised - other applicant missed appeal of conviction - further charge led to reactivation of unappealed sentence - complications arising from failure to fix recognisances in other case - risk of serving sentence prior to appeal of instant case - submissions by counsel for the state - inconsistency with talk given by same counsel to judges - joinder of Irish Human Rights and Equality Commission (IHREC) to proceedings - consideration of constitutionality prior to consideration of compatibility with European Convention on Human Rights Act - s. 2 of the European Convention on Human Rights Act, 2003 - dismissal of IHREC from proceedings.