Official form guide
Form 28.4 is a Summons for Breach of Recognisance under the Probation of Offenders Act 1907. It is used when a person who has signed a recognisance (a legal promise to keep the peace or comply with conditions) is alleged to have broken those conditions.
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Form Overview
Form 28.4 is a Summons for Breach of Recognisance under the Probation of Offenders Act 1907. It is used when a person who has signed a recognisance (a legal promise to keep the peace or comply with conditions) is alleged to have broken those conditions.
Plain English
If you promised the court to stay out of trouble or follow certain rules and you’re thought to have broken that promise, the court issues this summons. The form notifies you of the breach and starts the legal process to address it.
Submission Date
AI co-pilot
Form selector
Breach of a bail condition
Different statutory basis (Bail Act)
✓ Verify the type of recognisance first
Failure to appear in court
Not a recognisance breach
✓ Check the notice type
Form 28.3 Failure to Appear Notice
Change of address after recognisance
Not a breach
✓ Use only for updating details
You must file any response or attend the hearing by the date stated on the summons, usually within 14 days of receipt.
Field map
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form 28.4 is currently the standard summons for recognisance breaches; no recent redesign has been announced.
Quick Facts
Form Details
Downloads & source
Mixing up recognisance breach with bail breach forms.
Assuming the summons can be emailed instead of posted.
Leaving the recognisance reference number blank.
Submitting evidence after the deadline.
Not understanding that failure to attend can lead to a warrant.
Using an older version of the form with outdated layout.
Source transparency
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