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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

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

  • The most common mistake is leaving the recognisance amount blank or wrong, which can invalidate the suspension.
  • Incorrect offender details (name, DOB)
  • Missing or misstated condition(s)
  • Wrong recognisance amount entered
  • Failure 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

  • 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.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Full acquittalForm 28A.2No custodial sentence to suspendUse only if the court decides to acquit entirely
Conditional dischargeForm 28A.3No recognisance requiredChoose when only non‑financial conditions apply
Appeal of sentenceForm 28A.4Challenge to original sentencingUse before filing a suspension order

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

  • Offender’s full name, address, and DOB entered correctly
  • Original custodial sentence copied accurately
  • All conditions listed clearly and unambiguously
  • Recognisance amount matches court’s decision
  • Judge’s signature and date present
  • Form number and court reference visible
  • Copy retained for the offender’s file
  • Submitted via eCourts or delivered to the correct registry
  • Confirmation 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

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

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Current Form Status

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

Agency: Courts Service of Ireland

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

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

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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After you file

  • Provide the offender with a copy of the signed order.
  • Record the order in the court’s case management system.
  • Monitor compliance with each listed condition.
  • Notify the recognisance guarantor of the amount and due date.
  • Report any breach to the court promptly.

Source and verification log

  • Form title and number from Courts Service catalogue
  • Reference to Criminal Justice Act 2006 sections 99(1) & 99(6) – not confirmed in official source
  • Typical filing process via eCourts – not confirmed in official source
  • Common risks and confusion points inferred from form purpose – not confirmed in official source
  • No recent amendment notices found – not confirmed in official source

Common confusion points

6 things to watch for

  • 1

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

  • 2

    Leaving the recognisance amount blank or using an outdated figure.

  • 3

    Omitting a condition that the judge verbally mentioned.

  • 4

    Submitting the form after the offender has already been detained.

  • 5

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

  • 6

    Failing to obtain the judge’s signature before filing.

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