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 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.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Full acquittal | Form 28A.2 | No custodial sentence to suspend | Use only if the court decides to acquit entirely |
| Conditional discharge | Form 28A.3 | No recognisance required | Choose when only non‑financial conditions apply |
| Appeal of sentence | Form 28A.4 | 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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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
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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)
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6 things to watch for
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Leaving the recognisance amount blank or using an outdated figure.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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