<P> In the law of the Republic of Ireland, the 2006 law by which a suspended sentence is activated was ruled unconstitutional in 2016 . The 2006 law required that a court decision on whether to activate the suspended sentence be made as soon as a later conviction was handed down, even if there was an appeal pending for the later conviction . </P> <P> Suspended sentences (執行 猶予, shikkō yūyo) are common practice in Japan and can be applied in cases where a sentence is for up to 3 years in prison and / or 500,000 yen in fines . Any criminal activity during the period of the suspended sentence will result in the cancellation of the sentence and imprisonment for the prescribed term . </P> <P> A suspended sentence can be applied if the term of imprisonment is under two years and the offender agrees to comply with court requirements including a curfew, performing unpaid work and rehabilitation . In 2017, 5% of convictions resulted in a suspended sentence, compared to 7% immediate custodial sentences . </P> <P> In the United States, it is common practice for judges to hand down suspended sentences to first - time offenders who have committed a minor crime, and for prosecutors to recommend suspended sentences as part of a plea bargain . They are often given to mitigate the effect of penalties . </P>

Does a suspended sentence count as a custodial sentence