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28.5 Information For Variation Of Probation Recognisance - (Probation Of Offenders Act 1907, As Amended By Criminal Justice Administration Act 1914)

This form is used to request changes to probation recognisance conditions under the Probation Of Offenders Act 1907. It should be used when you need to modify the terms of an existing probation order, such as changing reporting requirements or adding/removing conditions.

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Form Overview

28.5 Information For Variation Of Probation Recognisance - (Probation Of Offenders Act 1907, As Amended By Criminal Justice Administration Act 1914)

This form is used to request changes to probation recognisance conditions under the Probation Of Offenders Act 1907. It should be used when you need to modify the terms of an existing probation order, such as changing reporting requirements or adding/removing conditions.

This form captures information about the current probation recognisance, the specific changes being requested, and reasons why those changes are necessary.

Risk Radar

  • The most common mistake is not providing sufficient justification for why the changes are necessary.
  • Incomplete form sections
  • Missing supporting documentation
  • Insufficient justification for requested changes
  • Failure to notify all relevant parties

Plain English

If someone is on probation in Ireland and needs to change the conditions of their probation order, this form helps make that request. It's a formal way to ask the court to adjust things like how often you need to check in with a probation officer or where you're allowed to live.

Submission Date

  • There is no specific deadline for submitting this form, but it should be submitted as soon as possible after circumstances change to avoid potential breaches of the existing probation conditions.
  • 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

  • Use this form when you need to change conditions of an existing probation order
  • Use this form if your circumstances have changed significantly since the probation order was issued
  • Use this form if the current conditions are no longer appropriate or practical
  • Use this form if you believe the current conditions are causing undue hardship
  • Do not use this form for initial probation orders - use the appropriate application form instead

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need to apply for initial probation orderForm 28.1Different process for establishing probationCheck if this is your first time applying for probation
Want to appeal a probation decisionForm 78Separate appeal processCheck if you're challenging a court decision rather than requesting changes
Need to report a probation violationForm 28.2Different process for reporting non-complianceCheck if you're reporting someone else's breach of probation
Seeking to end probation earlyForm 28.3Different process for early terminationCheck if you want to completely end the probation order

Deadline or filing window

There is no specific deadline for submitting this form, but it should be submitted as soon as possible after circumstances change to avoid potential breaches of the existing probation conditions.

Before you submit

  • All sections of the form are completed
  • Case/reference number is included
  • Current probation order details are accurate
  • Requested changes are clearly specified
  • Justification for changes is provided
  • Supporting documentation is attached
  • Form is signed and dated
  • Copy of the completed form is kept for records

How to file this form

  1. 1Obtain the official Form 28.5 from the Courts Service website or court office
  2. 2Complete all sections with accurate information
  3. 3Prepare supporting documentation that justifies the requested changes
  4. 4Submit the completed form to the court that issued the original probation order
  5. 5Keep a copy of the submitted form for your records
  6. 6Follow up with the court if you don't receive acknowledgment within a reasonable time

Known limitations

  • The court may not approve all requested changes
  • Changes cannot be made retroactively to cover past breaches
  • The court must be satisfied that the changes are appropriate and in the interest of justice
  • Some conditions may be mandatory and cannot be changed
  • The form cannot be used to appeal a court decision

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Current Form Status

This form is current as of the Probation Of Offenders Act 1907, as amended by the Criminal Justice Administration Act 1914. Always verify the latest version with the Courts Service of Ireland before submitting.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check if any recent legislation has affected probation conditions
  • Verify the current court fees for variation applications
  • Confirm the latest contact details for the relevant court office
  • Ensure you're using the most recent version of the form
  • Check if any additional documentation is now required

Quick Facts

The form should be completed by the person on probation (the defendant), their legal representative, or the probation officer overseeing their case.
This form captures information about the current probation recognisance, the specific changes being requested, and reasons why those changes are necessary.
Submit this form when there has been a significant change in circumstances that warrants modifying the probation conditions, or when the original terms are no longer suitable or appropriate.
Submit this form to the court that issued the original probation order, either in person at the court office, by mail, or through the Courts Service of Ireland's online portal if available.
Submitting an incomplete or incorrect form may result in delays in processing your request or denial of the requested changes, potentially leading to unfavorable probation conditions or legal consequences.
Complete all sections of the form with accurate and detailed information. Attach any supporting documentation that strengthens your case for variation. Submit the completed form to the appropriate court office, keeping a copy for your records.

Form Details

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

28.5 Information For Variation Of Probation Recognisance - (Probation Of Offenders Act 1907, As Amended By Criminal Justice Administration Act 1914)

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After you file

  • Keep track of court communications regarding your application
  • Continue to comply with existing probation conditions until changes are approved
  • Attend any court hearings related to your variation application
  • Follow any new conditions once the variation is approved
  • Document all communications with the court and probation service

Source and verification log

  • Form is issued by the Courts Service of Ireland
  • Form number is 28.5
  • Form relates to variation of probation recognisance
  • Based on Probation Of Offenders Act 1907
  • Amended by Criminal Justice Administration Act 1914
  • Not confirmed in official source if there are recent amendments to the legislation
  • Not confirmed in official source about current filing fees
  • Not confirmed in official source about online submission availability

Common confusion points

7 things to watch for

  • 1

    Confusing this form with initial probation application forms

  • 2

    Not understanding that this form only modifies existing orders, not creates new ones

  • 3

    Uncertainty about what constitutes valid justification for changes

  • 4

    Confusion about which court has jurisdiction to approve the variation

  • 5

    Not realizing that all current conditions must still be followed while awaiting approval

  • 6

    Misunderstanding the difference between probation and other community sanctions

  • 7

    Uncertainty about whether legal representation is required

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