Two new actions launched after suspended sentences ruling

Two more legal challenges related to the striking down of a law governing the power of the courts to activate suspended sentences have come before the High Court.

It brings to nine the total number of cases affected by Mr Justice Michael Moriarty’s finding last week that the law giving the courts power to revoke suspended sentences is unconstitutional.

The two new cases will join four others listed for mention before the court on Wednesday afternoon.

The listing was made to await Mr Justice Moriarty’s final orders, due on Wednesday, that are expected to clarify the scope of his finding that Section 99.9 and Section 99.10 of the Criminal Justice Act 2006, as amended, are unconstitutional.

Assault case

The first of the two new cases concerns a man given a three-year suspended sentence in 2014 for assault.

He is seeking his release after 18 months of that term was activated when he was convicted of attempting to drive while drunk a year later.

In the second new case, a man given six years in jail, with five years suspended, for drugs and handling of stolen property offences had his sentence activated last December after he was convicted of a theft offence.