COURTS

28.3 Warrant To Arrest Breach Of Recognisance - (Probation Of Offenders Act, 1907)

This form is a warrant to arrest a person who has breached a recognizance under the Probation Of Offenders Act, 1907. It is used by the Courts Service to authorize law enforcement to apprehend individuals who have failed to comply with court-ordered conditions.

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Form Overview

28.3 Warrant To Arrest Breach Of Recognisance - (Probation Of Offenders Act, 1907)

The form captures details about the original recognizance, the specific breach that occurred, and authorizes law enforcement to arrest the individual.

Risk Radar

The most common mistake is not providing clear evidence of the specific breach that occurred.
Incorrectly identifying the specific breach of recognizance
Failing to include sufficient evidence of the breach
Submitting to the wrong court or jurisdiction
Missing required signatures or authorizations

Plain English

If someone on probation breaks the rules set by the court, this form allows authorities to issue an arrest warrant. It's a legal document that gives police the power to take the person into custody for not following their probation terms.

Submission Date

There is no standard deadline for submitting this form, but it should be filed promptly once a breach of recognizance is confirmed to ensure timely arrest action.
Preparation window: collect IDs, supporting records, and signatures in advance.
Final review: verify names, dates, and required fields before submission.

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Glossary Terms

warrant service breach

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What this form is for

• Use when someone on probation has violated their recognizance conditions
• Use when you need legal authorization to arrest for breach of probation terms
• Not for use with standard criminal warrants unrelated to probation breaches
• Not for use with civil matters or non-probation-related breaches
• Use when the breach has been verified and documented

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Breach of community service order	Form 28.4	Different legal basis and requirements	Check the type of order originally issued
Failure to appear in court	Summons or bench warrant	Different legal procedures	Verify the original court attendance requirement
Breach of bail conditions	Form 10.1	Different legal framework and procedures	Confirm whether recognizance or bail applies
Probation violation under different legislation	Relevant probation warrant form	Different legal standards and processes	Check which legislation governs the probation order

Deadline or filing window

There is no standard deadline for submitting this form, but it should be filed promptly once a breach of recognizance is confirmed to ensure timely arrest action.

Before you submit

• Complete all sections of Form 28.3 accurately
• Include specific details about the original recognizance conditions
• Document the exact nature of the breach with evidence
• Verify the defendant's current information is correct
• Obtain necessary authorizations before submission
• Check that the form is signed by the appropriate court official
• Make a copy for your records before submission

How to file this form

1Obtain and complete Form 28.3 from the Courts Service
2Document the specific breach of recognizance with supporting evidence
3Submit the completed form to the relevant court office
4Follow up to confirm the warrant has been processed
5Ensure law enforcement has received the warrant for execution
6Keep records of the submission and any subsequent actions

Known limitations

• This form only applies to breaches of recognizance under the Probation Of Offenders Act, 1907
• It does not apply to breaches of bail conditions or other court orders
• The warrant must be executed within the legal timeframe specified
• The form requires proper authorization from the court to be valid

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Current Form Status

This form remains in use under the Probation Of Offenders Act, 1907, though recent court procedure reforms may have affected submission processes.

Agency: Courts Service of Ireland

What changed or needs a fresh check

• Verify you're using the current version of Form 28.3
• Check for any recent amendments to the Probation Of Offenders Act, 1907
• Confirm the form includes all required sections for your specific case type
• Ensure any supporting documentation requirements have not changed
• Check if digital submission options are now available

Quick Facts

This form is typically filed by court officials, probation officers, or legal representatives when someone on probation violates the conditions of their recognizance.

The form captures details about the original recognizance, the specific breach that occurred, and authorizes law enforcement to arrest the individual.

This form should be submitted as soon as a breach of recognizance is identified and confirmed, as it authorizes immediate arrest action.

The form is typically submitted through the Courts Service of Ireland or directly to the relevant court where the original recognizance was issued. Submission methods may include in-person at the court registry or by mail.

Submitting correctly ensures proper legal authorization for arrest and helps maintain the integrity of the probation system. Errors or delays could result in the warrant being challenged or the individual remaining at large.

Complete all sections detailing the original recognizance conditions, specify the exact breach that occurred, and attach any supporting evidence. Submit the completed form to the appropriate court office, following their specific procedures for warrant processing.