Official form guide
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
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.
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.
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Full acquittal
No custodial sentence to suspend
✓ Use only if the court decides to acquit entirely
Conditional discharge
No recognisance required
✓ Choose when only non‑financial conditions apply
Appeal of sentence
Challenge to original sentencing
✓ Use before filing a suspension order
The order must be filed before the offender is taken into custody, typically within the same day of sentencing.
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Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form 28A.1 is the current version used by all Irish courts. No major revisions have been announced in the last 12 months.
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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Leaving the recognisance amount blank or using an outdated figure.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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