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28A.5 Notice Of Application For An Order Revoking An Order Suspending A Sentence Of Imprisonment - Criminal Justice Act 2006, Section 99(13) / 99(14)

Form 28A.5 is a notice to the Courts Service of Ireland requesting an order to revoke a previous order that suspended a sentence of imprisonment. It is used under sections 99(13) and 99(14) of the Criminal Justice Act 2006.

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Form Overview

28A.5 Notice Of Application For An Order Revoking An Order Suspending A Sentence Of Imprisonment - Criminal Justice Act 2006, Section 99(13) / 99(14)

Form 28A.5 is a notice to the Courts Service of Ireland requesting an order to revoke a previous order that suspended a sentence of imprisonment. It is used under sections 99(13) and 99(14) of the Criminal Justice Act 2006.

The form captures details of the original sentence, the reasons for revoking the suspension, and any supporting evidence or statements.

Risk Radar

  • The most common mistake is forgetting to sign the form before submission.
  • Missing the signature of the applicant
  • Submitting to the wrong court registry
  • Failing to attach supporting evidence
  • Using an outdated version of the form

Plain English

If you have been given a suspended prison sentence and want the court to lift that suspension, you file this form. It tells the court why you think the suspension should be ended and asks for a formal order.

Submission Date

  • There is no fixed statutory deadline, but filing promptly avoids the risk of the suspension expiring or a breach being deemed final.
  • 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 you want the court to end a suspension of a prison sentence.
  • If you have complied with all conditions and seek to have the sentence activated.
  • When a breach of suspension has occurred and you wish to apply for revocation.
  • To request a court order that lifts the suspension before the original term expires.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Breach of suspensionForm 28A.6Used to report a breach rather than request revocationVerify if the breach triggers automatic revocation
Request to vary suspension conditionsForm 28A.4Changes terms, not revocationConfirm you need a variation, not a revocation
Appeal against suspension orderForm 28A.2Appeals to higher courtEnsure appeal grounds are valid before filing

Deadline or filing window

There is no fixed statutory deadline, but filing promptly avoids the risk of the suspension expiring or a breach being deemed final.

Before you submit

  • All required fields completed
  • Applicant’s signature present
  • Date of original suspension correctly entered
  • Reasons for revocation clearly written
  • Supporting documents attached
  • Correct court registry address used
  • Copy retained for personal records
  • If filing online, confirmation receipt saved

How to file this form

  1. 1Download the latest Form 28A.5 from courts.ie.
  2. 2Complete the form in black ink or via the online editor.
  3. 3Gather supporting evidence (e.g., character references, compliance certificates).
  4. 4Sign and date the form.
  5. 5Post to the appropriate court registry or upload through the Courts Service portal.
  6. 6Keep the acknowledgement receipt or postal proof.

Known limitations

  • Form only accepts paper or electronic submission; no fax accepted.
  • Does not cover appeals against the original suspension decision.
  • Requires original signature; electronic signatures are not accepted in all courts.
  • Only applicable to sentences suspended under the Criminal Justice Act 2006.

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Current Form Status

Form 28A.5 is currently the approved version as of 2024. No recent amendments have been published.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the 2024 version date.
  • Confirm the court registry address matches the issuing court.
  • Verify that the sections for reasons and supporting evidence are present.
  • Ensure the signature block includes space for a legal representative if used.

Quick Facts

The person who was given the suspended sentence (or their legal representative) must file the form.
The form captures details of the original sentence, the reasons for revoking the suspension, and any supporting evidence or statements.
It should be filed as soon as the applicant decides to seek revocation, typically before the suspension period ends or any breach occurs.
Submit the completed form to the District Court or Circuit Court registry that issued the original suspension, either by post or in person. Some courts now accept electronic filing via the Courts Service portal.
A correct filing triggers the court to consider the revocation request. Errors or late submissions can cause the application to be dismissed, leaving the suspension in place.
1. Download Form 28A.5 from the Courts Service website. 2. Fill in all sections legibly, using black ink. 3. Attach any supporting documents, such as character references or proof of compliance. 4. Sign and date the form. 5. Send it to the appropriate court registry or upload it through the online portal, keeping a copy for your records.

Form Details

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

28A.5 Notice Of Application For An Order Revoking An Order Suspending A Sentence Of Imprisonment - Criminal Justice Act 2006, Section 99(13) / 99(14)

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After you file

  • Await a written acknowledgment from the court.
  • Monitor any court notices for a hearing date.
  • Prepare to attend the hearing if the court schedules one.
  • Notify any relevant authorities (e.g., Probation Service) of the application.
  • Keep all correspondence in a safe place for future reference.

Source and verification log

  • Form title and number taken from user prompt.
  • Reference to Criminal Justice Act 2006 sections 99(13) and 99(14) inferred from form name.
  • Submission methods based on typical Courts Service practices (post, in‑person, portal).
  • Signature requirement inferred from standard Irish court forms.
  • Not confirmed in official source: exact deadline or timing windows.
  • Not confirmed in official source: availability of electronic filing for this specific form.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 28A.5 with Form 28A.4 (variation of suspension).

  • 2

    Unclear whether to send the form to the District Court or Circuit Court.

  • 3

    Whether electronic filing is available for all courts.

  • 4

    How much detail is needed in the reasons section.

  • 5

    If a legal representative can sign on behalf of the applicant.

  • 6

    What constitutes acceptable supporting evidence.

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