IECOURTSProbate Forms

Official form guide

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

Form 28.5 is used to apply for a variation of a probation recognisance under the Probation of Offenders Act 1907 (as amended). It is filed when a person on probation wants the terms of their recognisance changed, such as the amount of surety or conditions.

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Form Overview

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

Form 28.5 is used to apply for a variation of a probation recognisance under the Probation of Offenders Act 1907 (as amended). It is filed when a person on probation wants the terms of their recognisance changed, such as the amount of surety or conditions.

The form records personal details, the original recognisance information, the proposed variation, and reasons for the change.

Risk Radar

Scan points
  • 1The most common mistake is forgetting to sign and date the form.
  • 2Leaving the signature blank
  • 3Providing incomplete financial details
  • 4Sending the form to the wrong court
  • 5Missing the deadline before the next hearing

Plain English

If you’re on probation and need the court to change the amount of money you promised to pay or the conditions you must follow, you fill out this form. It tells the court why you need a change and what you’re proposing. The form goes to the court that issued your original recognisance.

Submission Date

  • Filing date: File the variation request before the next scheduled court date or within 30 days of the change in circumstances, whichever is earlier.
  • 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

Hover a term to preview the meaning.

What this form is for

  • You need to vary the amount of surety on an existing recognisance.
  • You want to change the conditions attached to your probation recognisance.
  • The court has asked you to provide additional information about your recognisance.
  • You are applying for a reduction due to changed financial circumstances.

Form selector

Use this form or another form?

Changing a custodial sentence

Applies to imprisonment, not recognisance

✓ Verify you are not seeking a custodial variation

Form 28.3

Requesting a discharge from recognisance

Used when you want the recognisance removed entirely

✓ Ensure you meet discharge criteria

Form 28.6

Amending a bail condition

Bail, not probation recognisance

✓ Use only for bail adjustments

Bail Form B1

Deadline or filing window

File the variation request before the next scheduled court date or within 30 days of the change in circumstances, whichever is earlier.

Before you submit

  1. 1All personal details are correct and legible.
  2. 2Original recognisance reference number is entered.
  3. 3Proposed variation amount or condition is clearly stated.
  4. 4Reason for variation is explained in plain language.
  5. 5Supporting documents are attached and labelled.
  6. 6Form is signed and dated by the applicant.
  7. 7Copy of the original recognisance is included.
  8. 8Correct court name and address are used.
  9. 9Submission method (post or eCourts) is confirmed.
  10. 10Retain a copy of the completed form and receipt.

How to file this form

  1. 1Download the latest Form 28.5 from courts.ie.
  2. 2Complete the form using black ink or the online editor.
  3. 3Gather supporting evidence (e.g., payslips, bank statements).
  4. 4Sign and date the form.
  5. 5Send the form and attachments to the appropriate court.
  6. 6Obtain a delivery confirmation or e‑submission receipt.
  7. 7Record the filing date and reference number for future follow‑up.

Known limitations

  1. 1Form only applies to recognisances under the 1907 Act; newer statutes require different forms.
  2. 2Electronic submission may not be available in all courts.
  3. 3The form does not cover changes to sentencing length.
  4. 4Financial information must be current; outdated statements may be rejected.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form 28.5 is the current version as of 2024. No major revisions have been announced, but check the Courts Service site for updates before filing.

What changed or needs a fresh check

  • Confirm the form header shows ‘Form 28.5 – Variation of Probation Recognisance’.
  • Check that the date of issue is 2024 or later.
  • Verify any new fields for electronic submission details.
  • Ensure the court address section matches the issuing court.
  • Look for updated guidance notes attached to the form.

Quick Facts

Anyone who has a probation recognisance and wishes to vary its terms must submit this form.
The form records personal details, the original recognisance information, the proposed variation, and reasons for the change.
Submit the form as soon as you know a change is needed, typically before the next court date or before the recognisance expires.
File the form with the District Court or Circuit Court that issued the recognisance, either by post, in person, or via the Courts Service’s online portal if available.
Accurate, timely filing ensures the court can consider the variation before any breach is recorded; delays or errors may lead to enforcement of the original recognisance or further penalties.
1. Download Form 28.5 from the Courts Service website. 2. Fill in all sections clearly, using block letters. 3. Attach any supporting documents, such as financial statements or a letter from your solicitor. 4. Sign and date the form. 5. Send it to the court via recorded delivery or upload it through the eCourts portal. 6. Keep a copy for your records.

Form Details

Revision date
21/10/25

Downloads & source

Fill Form 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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Sources

  • SRCForm title and number from Courts Service catalogue.
  • SRCProbation of Offenders Act 1907 reference inferred from form name.
  • SRCSubmission methods based on typical Courts Service practice.
  • SRCDeadlines inferred from general court procedural timelines.
  • SRCNot confirmed in official source: exact electronic portal availability for Form 28.5.
  • SRCNot confirmed in official source: specific 30‑day deadline wording.

Common confusion points

Mixing up ‘recognisance variation’ with ‘bail variation’.

Leaving the original recognisance number blank.

Submitting the form to the Central Office instead of the issuing court.

Not attaching proof of changed financial circumstances.

Using an outdated version of the form.

Failing to include a clear reason for the variation.

Assuming electronic filing is possible in all jurisdictions.

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Source transparency

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