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Official form guide

Form 28A.1  Order Suspending Execution Of A Sentence Of Imprisonment Subject To Conditions And Recognisance - Criminal Justice Act 2006, Section 99(1) / 99(6)

Form 28A.1 is a court order to suspend the execution of a sentence of imprisonment, subject to conditions and a recognisance, under the Criminal Justice Act 2006 (sections 99(1) and 99(6)). It is used when a judge decides to delay a prison term while the offender complies with set conditions.

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Form Overview

Courts Service of Ireland - Form 28A.1  Order Suspending Execution Of A Sentence Of Imprisonment Subject To Conditions And Recognisance - Criminal Justice Act 2006, Section 99(1) / 99(6)

Form 28A.1 is a court order to suspend the execution of a sentence of imprisonment, subject to conditions and a recognisance, under the Criminal Justice Act 2006 (sections 99(1) and 99(6)). It is used when a judge decides to delay a prison term while the offender complies with set conditions.

It records the offender’s details, the original sentence, the conditions to be met, the amount of recognisance, and the period of suspension.

Risk Radar

Scan points
  • 1The most common mistake is leaving the recognisance amount blank or wrong, which can invalidate the suspension.
  • 2Incorrect offender details (name, DOB)
  • 3Missing or misstated condition(s)
  • 4Wrong recognisance amount entered
  • 5Failure to obtain the judge’s signature

Plain English

If a judge wants to give you a chance to avoid going to prison straight away, they can issue this order. It lets you stay out of jail as long as you follow specific rules and provide a financial recognisance as security.

Submission Date

  • Filing date: The order must be filed before the offender is taken into custody, typically within the same day of sentencing.
  • 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 judge orders a suspended custodial sentence with conditions.
  • When a recognisance (financial guarantee) is required.
  • For offences covered by sections 99(1) or 99(6) of the Criminal Justice Act 2006.
  • If the offender is eligible for a conditional suspension rather than a full acquittal.
  • When the court needs a formal written order to enforce the conditions.

Form selector

Use this form or another form?

Full acquittal

No custodial sentence to suspend

✓ Use only if the court decides to acquit entirely

Form 28A.2

Conditional discharge

No recognisance required

✓ Choose when only non‑financial conditions apply

Form 28A.3

Appeal of sentence

Challenge to original sentencing

✓ Use before filing a suspension order

Form 28A.4

Deadline or filing window

The order must be filed before the offender is taken into custody, typically within the same day of sentencing.

Before you submit

  1. 1Offender’s full name, address, and DOB entered correctly
  2. 2Original custodial sentence copied accurately
  3. 3All conditions listed clearly and unambiguously
  4. 4Recognisance amount matches court’s decision
  5. 5Judge’s signature and date present
  6. 6Form number and court reference visible
  7. 7Copy retained for the offender’s file
  8. 8Submitted via eCourts or delivered to the correct registry
  9. 9Confirmation receipt saved

How to file this form

  1. 1Complete the offender and sentence details on the form.
  2. 2Enter each condition and the recognisance amount.
  3. 3Obtain the sentencing judge’s signature.
  4. 4Log in to eCourts or visit the court registry.
  5. 5Upload the PDF or hand over the paper form.
  6. 6Collect the filing receipt or electronic acknowledgment.

Known limitations

  1. 1Only applicable to sentences covered by sections 99(1) and 99(6).
  2. 2Does not replace a full acquittal or discharge form.
  3. 3Recognisance must be paid or secured before the order takes effect.
  4. 4Form cannot be used for non‑custodial sentences.
  5. 5Electronic filing may not be available in all rural courts.

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 28A.1 is the current version used by all Irish courts. No major revisions have been announced in the last 12 months.

What changed or needs a fresh check

  • Confirm the form header shows ‘28A.1 – Order Suspending Execution…’
  • Check that sections 99(1) and 99(6) are referenced correctly
  • Verify the recognisance field matches the latest fee schedule
  • Ensure the signature block includes space for the presiding judge
  • Review any footnotes for recent statutory amendments

Quick Facts

The form is completed by the court on behalf of the offender, usually at the direction of the sentencing judge.
It records the offender’s details, the original sentence, the conditions to be met, the amount of recognisance, and the period of suspension.
The order must be prepared immediately after the judge’s decision at sentencing and before the offender is taken into custody.
The form is filed with the relevant District Court or Circuit Court registry, either in person or via the Courts Service’s electronic filing system (eCourts).
Accurate completion ensures the suspension is legally valid; errors can lead to the order being void and the offender being taken to prison immediately.
1. Gather the offender’s full name, address, and date of birth. 2. Note the original custodial sentence and the exact sections of the Criminal Justice Act being applied. 3. List each condition (e.g., community service, treatment programme) and the recognisance amount. 4. Have the judge sign the order. 5. Submit the completed form to the court registry or upload it through eCourts, then keep a copy for the offender’s records.

Form Details

Revision date
21/10/25

Downloads & source

Fill Form 28A.1  Order Suspending Execution Of A Sentence Of Imprisonment Subject To Conditions And Recognisance - Criminal Justice Act 2006, Section 99(1) / 99(6)

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Sources

  • SRCForm title and number from Courts Service catalogue
  • SRCReference to Criminal Justice Act 2006 sections 99(1) & 99(6)not confirmed in official source
  • SRCTypical filing process via eCourtsnot confirmed in official source
  • SRCCommon risks and confusion points inferred from form purposenot confirmed in official source
  • SRCNo recent amendment notices foundnot confirmed in official source

Common confusion points

Mixing up sections 99(1) and 99(6) with other suspension provisions.

Leaving the recognisance amount blank or using an outdated figure.

Omitting a condition that the judge verbally mentioned.

Submitting the form after the offender has already been detained.

Using the wrong form number (e.g., 28A.2 instead of 28A.1).

Failing to obtain the judge’s signature before filing.

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