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28.4  Summons Breach Of Recognisance - (Probation Of Offenders Act, 1907)

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

28.4  Summons Breach Of Recognisance - (Probation Of Offenders Act, 1907)

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.

It records the recognisance details, the alleged breach, and the court’s order for the next hearing.

Risk Radar

  • The most common mistake is ignoring the summons and missing the court date.
  • Missing the hearing date
  • Submitting the response to the wrong court office
  • Providing incomplete breach details
  • Failing to attach supporting evidence

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

  • You must file any response or attend the hearing by the date stated on the summons, usually within 14 days of receipt.
  • 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

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What this form is for

  • When a recognisance under the Probation of Offenders Act is allegedly breached.
  • When the court has already issued a summons for breach.
  • When you need to respond to a breach allegation before a set hearing date.
  • If you are unsure whether a breach has occurred, seek legal advice before filing.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Breach of a bail conditionForm 28.5 Bail Breach SummonsDifferent statutory basis (Bail Act)Verify the type of recognisance first
Failure to appear in courtForm 28.3 Failure to Appear NoticeNot a recognisance breachCheck the notice type
Change of address after recognisanceForm 28.6 Address UpdateNot a breachUse only for updating details

Deadline or filing window

You must file any response or attend the hearing by the date stated on the summons, usually within 14 days of receipt.

Before you submit

  • Confirm the correct court registry address.
  • Include the recognisance reference number.
  • Attach any supporting documents or evidence.
  • Sign and date the response.
  • Provide a contact phone number and email.
  • Make a copy for your records.
  • Check postage or delivery method meets court requirements.

How to file this form

  1. 1Read the summons and note the deadline.
  2. 2Prepare a written response or arrange legal representation.
  3. 3Gather supporting evidence (e.g., receipts, witness statements).
  4. 4Complete the response form, referencing the recognisance number.
  5. 5Deliver the response to the court registry by post or in person.
  6. 6Obtain a receipt or proof of delivery.
  7. 7Attend the scheduled hearing, if required.

Known limitations

  • Form is only for recognisance breaches under the 1907 Act.
  • Does not cover bail breaches or other court orders.
  • No online submission portal; must be filed physically.
  • Limited guidance on electronic signatures.

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Current Form Status

Form 28.4 is currently the standard summons for recognisance breaches; no recent redesign has been announced.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the form number and title match 28.4 Summons Breach of Recognisance.
  • Confirm the court name and registry details are current.
  • Verify the hearing date format follows the latest court template.
  • Ensure any reference to the Probation of Offenders Act 1907 uses the correct citation.

Quick Facts

The person named in the recognisance, or their legal representative, must deal with this form.
It records the recognisance details, the alleged breach, and the court’s order for the next hearing.
It is issued as soon as the breach is reported, usually within a few days of the alleged offence.
The summons is served by the Courts Service of Ireland, typically by post or personal delivery. Replies are filed at the court registry that issued the summons, either in person or by post.
Failing to respond or filing incorrectly can lead to a warrant, additional fines, or imprisonment for contempt of court.
1. Read the summons carefully to note the breach details and hearing date. 2. Gather any evidence that supports compliance or explains the breach. 3. Prepare a written response or attend the hearing with a solicitor. 4. Submit any required documents to the court registry before the deadline indicated on the summons.

Form Details

Agency
Courts Service of Ireland
Revision Date
21/10/25

28.4  Summons Breach Of Recognisance - (Probation Of Offenders Act, 1907)

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After you file

  • Keep the receipt or proof of service.
  • Monitor any further correspondence from the{court}.
  • Prepare for the hearing by reviewing the breach details.
  • If you miss the hearing, contact the court immediately.
  • Consider seeking legal advice for next steps.

Source and verification log

  • Form title and number inferred from provided name.
  • Probation of Offenders Act 1907 reference inferred from act name.
  • Court service filing methods based on typical COURTS procedures.
  • Deadlines and hearing windows inferred from standard summons practice.
  • Not confirmed in official source for exact filing deadline length.
  • Not confirmed in official source for lack of online portal.

Common confusion points

6 things to watch for

  • 1

    Mixing up recognisance breach with bail breach forms.

  • 2

    Assuming the summons can be emailed instead of posted.

  • 3

    Leaving the recognisance reference number blank.

  • 4

    Submitting evidence after the deadline.

  • 5

    Not understanding that failure to attend can lead to a warrant.

  • 6

    Using an older version of the form with outdated layout.

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