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28A.16 Order Making Determination As To Revocation Of Suspension Of Sentence And Remanding In Custody Or On Bail - Criminal Justice Act 2006, Section 99(10) And Section 99(10A) (As Amended By Section 60, Criminal Justice Act 2007)

This form is a court order used to determine whether to revoke a suspended sentence and decide if a person should be remanded in custody or on bail. It's used when a court is considering revoking a suspended sentence under the Criminal Justice Act 2006.

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Form Overview

28A.16 Order Making Determination As To Revocation Of Suspension Of Sentence And Remanding In Custody Or On Bail - Criminal Justice Act 2006, Section 99(10) And Section 99(10A) (As Amended By Section 60, Criminal Justice Act 2007)

This form is a court order used to determine whether to revoke a suspended sentence and decide if a person should be remanded in custody or on bail. It's used when a court is considering revoking a suspended sentence under the Criminal Justice Act 2006.

The form captures the court's determination on whether to revoke a suspended sentence and the decision to remand the person in custody or on bail pending further proceedings.

Risk Radar

  • Always verify the person's identity and case number before completing the form.
  • Incorrectly identifying the person or case details
  • Failing to properly document the reasons for revocation
  • Not specifying the correct remand decision (custody or bail)
  • Missing required signatures or court seal

Plain English

This form helps a judge decide if someone who got a suspended sentence should be sent to prison instead. It's used when the court thinks the person might have broken the conditions of their suspended sentence or committed another offense.

Submission Date

  • This form should be filed as soon as possible after the court hearing where the revocation is determined, typically within a few days of the decision.
  • 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

sentence

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What this form is for

  • • Use when considering revoking a suspended sentence
  • • Use when determining if a person should be remanded in custody or on bail
  • • Use when a person has allegedly breached the conditions of their suspended sentence
  • • Use when a person has committed a new offense while on a suspended sentence
  • • Use only for cases under the Criminal Justice Act 2006, as amended

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
SituationLikely formWhy it mattersCheck before you continue
New criminal offenseStandard criminal charge formsDifferent legal processConfirm this is about revocation, not new charges
Breach of suspended sentence conditions28A.16 formThis form specifically addresses revocationVerify the breach details match the conditions
Appeal against sentenceAppeal formsDifferent legal processEnsure this is about revocation, not appeal
Sentencing hearingSentencing order formsDifferent legal processConfirm this is post-sentence revocation

Deadline or filing window

This form should be filed as soon as possible after the court hearing where the revocation is determined, typically within a few days of the decision.

Before you submit

  • • Verify all personal details are correct
  • • Confirm the original sentence details match court records
  • • Ensure the reasons for revocation are clearly stated
  • • Check that the remand decision (custody or bail) is specified
  • • Verify all required signatures are present
  • • Ensure the court seal is affixed if required
  • • Confirm the form version is current

How to file this form

  1. 1Obtain the correct version of form 28A.16 from the Courts Service
  2. 2Complete all sections with accurate case and personal details
  3. 3Document the reasons for considering revocation
  4. 4Specify the court's decision on revocation and remand
  5. 5Have the judge or authorized court official sign the form
  6. 6File the form with the court clerk
  7. 7Obtain a copy for your records

Known limitations

  • • This form only applies to suspended sentences under the Criminal Justice Act 2006
  • • It doesn't cover other types of sentencing modifications
  • • The form doesn't replace proper legal representation
  • • Using this form doesn't guarantee a specific outcome in the revocation hearing

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Current Form Status

This form is current as per the Criminal Justice Act 2006 and 2007 amendments. Check the Courts Service website for any recent updates before use.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • • Verify you're using the version amended by the Criminal Justice Act 2007
  • • Check that form number 28A.16 matches your case type
  • • Ensure all references to sections 99(10) and 99(10A) are current
  • • Confirm the form hasn't been recently updated by the Courts Service
  • • Check that the form aligns with current sentencing practices

Quick Facts

This form is typically completed by a judge or court official during a hearing where the revocation of a suspended sentence is being considered.
The form captures the court's determination on whether to revoke a suspended sentence and the decision to remand the person in custody or on bail pending further proceedings.
This form should be submitted when a court is considering revoking a suspended sentence, typically after a person has allegedly breached the conditions of their suspended sentence or committed a new offense.
The form is filed with the court where the original sentence was imposed or where the revocation hearing is taking place. It may be submitted in person at the courthouse or through the court's filing system.
Submitting this form correctly ensures proper legal procedure is followed when revoking a suspended sentence. Errors could lead to improper detention or release, potentially violating the person's rights or undermining the court's authority.
Complete the form with the person's details, the original sentence information, and the reasons for considering revocation. Indicate whether the court is ordering revocation and specify if the person should be remanded in custody or on bail. File the form with the court clerk after the hearing.

Form Details

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

Downloads

Court Forms↗

28A.16 Order Making Determination As To Revocation Of Suspension Of Sentence And Remanding In Custody Or On Bail - Criminal Justice Act 2006, Section 99(10) And Section 99(10A) (As Amended By Section 60, Criminal Justice Act 2007)

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After you file

  • • Keep a copy of the filed order for your records
  • • Note any follow-up court dates
  • • Monitor if the person is remanded in custody or released on bail
  • • Check if there are any appeal deadlines
  • • Verify that the order has been properly entered into the court system

Related Forms

View all Family Law Forms forms →

Source and verification log

  • • Form issued by Courts Service of Ireland
  • • Based on Criminal Justice Act 2006, Section 99(10)
  • • Amended by Criminal Justice Act 2007, Section 60
  • • Form number 28A.16 confirmed
  • • Specific sections referenced in form title
  • • Not confirmed in official source: current filing procedures
  • • Not confirmed in official source: specific time limits for filing

Common confusion points

6 things to watch for

  • 1

    Confusing this form with standard criminal charge forms

  • 2

    Not understanding the difference between revocation and appeal

  • 3

    Uncertainty about which conditions of the suspended sentence apply

  • 4

    Misunderstanding the implications of being remanded in custody versus on bail

  • 5

    Not knowing the proper time frame for filing after a hearing

  • 6

    Confusing this form with other sentencing modification forms

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