Official form guide
Form 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)
Form 28A.16 is a court order used to record a judge's decision to revoke a suspended sentence and order the offender to be taken back into custody or released on bail. It is applied under the Criminal Justice Act 2006 sections 99(10) and 99(10A) as amended.
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Form Overview
Courts Service of Ireland - Form 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)
Form 28A.16 is a court order used to record a judge's decision to revoke a suspended sentence and order the offender to be taken back into custody or released on bail. It is applied under the Criminal Justice Act 2006 sections 99(10) and 99(10A) as amended.
Risk Radar
Scan points- 1The most common mistake is forgetting the judge’s signature, which invalidates the order.
- 2Missing the offender’s full case reference
- 3Incorrectly stating custody instead of bail (or vice‑versa)
- 4Failing to attach the judge’s signature
- 5Submitting after the statutory hearing deadline
Plain English
If a person breaks the conditions of a suspended sentence, the court can cancel that suspension. This form records that decision and tells the authorities whether the person goes back to prison or is let out on bail. It is part of the criminal justice process, not a tax or civil form.
Submission Date
- Filing date: The order must be filed on the same day as the revocation hearing, or no later than the next business day, to avoid procedural delay.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use when a suspended sentence is breached and revocation is ordered.
- Do not use for new sentencing decisions – a different sentencing form applies.
- If the offender is to be transferred to a different court, a separate transfer form is required.
- When only a bail variation is needed, use the bail variation form instead.
- For appeals against revocation, the appeal form must be filed separately.
Form selector
Use this form or another form?
Breach of bail conditions
Only changes bail terms, not revocation
✓ Confirm breach is bail‑related
New sentencing after trial
Initial sentence, not revocation
✓ Use for first‑time sentencing
Transfer of custody to another prison
Moves prisoner, does not revoke suspension
✓ Verify transfer authority
Deadline or filing window
The order must be filed on the same day as the revocation hearing, or no later than the next business day, to avoid procedural delay.
Before you submit
- 1Offender’s full name and case number entered correctly
- 2Original suspension details accurately copied
- 3Clear description of the breach
- 4Correct custody or bail selection
- 5Judge’s signature present
- 6Clerk’s signature and court stamp applied
- 7Form printed on official court stationery
- 8Any supporting breach evidence attached
- 9Date of filing recorded
- 10Submitted to the correct court registry
How to file this form
- 1Complete the form with offender and case details.
- 2Enter the breach description and revocation decision.
- 3Select custody or bail and note any conditions.
- 4Obtain the judge’s signature.
- 5Have the court clerk sign and stamp the document.
- 6File the form at the court registry or upload via the Courts Service portal.
Known limitations
- 1Only applicable to revocation of suspended sentences under the specified sections.
- 2Cannot be used for civil contempt or non‑criminal breaches.
- 3Requires a judge’s decision; not a self‑service form.
- 4Electronic filing may not be available in all court locations.
Field map
Compact field-by-field guide
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form 28A.16 remains the current version as of 2024; no major amendments have been announced since the 2007 amendment.
What changed or needs a fresh check
- Check that the form header shows the 2007 amendment reference.
- Confirm the case number field matches the current court docket.
- Verify the signature line includes space for both judge and clerk.
- Ensure the custody/bail option boxes reflect the latest statutory wording.
Quick Facts
Form Details
- Revision date
- 21/10/25
Downloads & source
Sources
- SRCForm title and number derived from Courts Service catalogue.
- SRCStatutory references (Criminal Justice Act 2006, sections 99(10) & 99(10A)) inferred from form name.
- SRCSignature requirements typical for court ordersnot confirmed in official source.
- SRCElectronic filing availability based on Courts Service e‑filing servicenot confirmed for this specific form.
- SRCDeadlines inferred from usual practice of filing orders on the day of hearingnot confirmed in official source.
Common confusion points
Mixing up sections 99(10) and 99(10A) – they cover slightly different breach scenarios.
Assuming the form can be used for a simple bail breach.
Leaving the judge’s signature blank and thinking a clerk’s signature suffices.
Using an older form version that lacks the 2007 amendment reference.
Submitting to the wrong court registry when the case has been transferred.
Failing to attach supporting breach evidence, leading to a return.
Source transparency
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