THE EFFECT OF SUSPENDED SENTENCES ON RECIDIVISM AND PROMOTING REHABILITATION IN SRI LANKA: COMPARATIVE INSIGHTS FROM ACROSS SELECTED JURISDICTIONS

The suspended sentence is a widely used sentencing option in the criminal justice system of many jurisdictions aimed at rehabilitation while balancing punitive measures, where a convicted individual is not immediately incarcerated, and the execution of the sentence is avoided under specific conditions. This study examines the effectiveness of suspended sentences on reducing recidivism and rehabilitating the offenders in Sri Lanka, analyzing the legal frameworks and sentencing practices of Germany, France, Australia, New Zealand, Ireland, England, and Wales, concerning the imposition and implementation of suspended sentences. Focusing on Sri Lanka, the study employs a mixed-methods approach combining meta-analysis of current empirical data and scholarly literature to assess critically the deterrent effect of suspended sentences in achieving sentencing objectives. The research identifies key issues in Sri Lanka through a comparative analysis of sentencing policies, case studies, statistical data from secondary resources, and published sources. The findings suggest suspended sentences can significantly reduce reoffending rates, particularly when accompanied by stringent probation conditions, structured monitoring, rehabilitative programmes, and post-sentence socio-economic reintegration support services, such as education, employment, etc. It remains a highly viable and cost-effective sentencing option, and as a constructive alternative to a custodial sentence, particularly for first-time, low-risk, and non-violent offenders. However, the issues of disparity and proportionality, including the lack of structured sentencing guidelines and evidence-based risk assessments, significantly diminish the effectiveness of suspended sentences. The findings contribute to the criminal justice system of Sri Lanka as they highlight the gap between legislative and real outcomes, as presently constituted, and demonstrate the systemic flaws that undermine the potential of suspended sentences in reducing recidivism and promoting rehabilitation. Finally, the study concludes with policy recommendations to the government of Sri Lanka that aim to strengthen the deterrent effect of suspended sentences to achieve intended objectives, aligning with broader sentencing goals.

Name dc:type.qualificationname

PhD

Level dc:type.qualificationlevel

Doctoral

Grantor dc:publisher.institution

De Montfort University

Year dc:date.issued

2025

Author dc:creator

• Sherifdeen, Mohamed Fahim Mohamed

Licence

• https://dora.dmu.ac.uk/bitstreams/0e675ab6-7d1b-4f83-bdb9-083d13b4bd20/download