COURTS

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)

This form is used to request the court to cancel a previous order that suspended a prison sentence under the Criminal Justice Act 2006. It should be filed when there are valid grounds to revoke the suspension of a sentence.

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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)

The form captures details of the original suspended sentence and the specific reasons why the suspension should be revoked.

Risk Radar

Always include specific details of the original suspended sentence order to prevent delays.
Incomplete information about the original suspended sentence
Missing evidence supporting the need for revocation
Incorrect court location submission
Missing deadlines for application

Plain English

This form lets you ask the court to reinstate a prison sentence that was previously suspended. It's specifically for situations where the person given the suspended sentence has failed to meet the conditions of that suspension.

Submission Date

There is no standard deadline, but applications should be made promptly when grounds for revocation arise, typically within a reasonable time after the breach of suspension conditions.
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

suspension sentence request valid

Hover a term to preview the meaning.

What this form is for

• Use this form when seeking to revoke a suspended prison sentence
• Only applies to sentences suspended under the Criminal Justice Act 2006
• For situations where the conditions of suspension have been breached
• When the original suspended sentence order needs to be cancelled

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
New suspended sentence application	Form 28A.1	Different legal process for initial suspension	Check if suspension is being applied for first
Appeal against sentence	Form 10	For challenging the legality or length of sentence	Verify if you're appealing rather than revoking
Bail application	Form 13	For seeking release pending trial or appeal	Confirm if this is about release rather than revocation
Victim impact statement	Form 15	For providing victim's perspective on the case	Check if you need to provide victim impact information

Deadline or filing window

There is no standard deadline, but applications should be made promptly when grounds for revocation arise, typically within a reasonable time after the breach of suspension conditions.

Before you submit

• Complete all sections of the form
• Include the original suspended sentence order details
• List specific grounds for revocation
• Attach supporting evidence of breach
• Verify correct court location
• Check for required signatures
• Include any required court fees

How to file this form

1Obtain the correct form 28A.5 from the Courts Service
2Complete all sections with accurate information
3Gather supporting evidence for revocation
4Submit to the relevant court office
5Keep a copy of the submitted form
6Serve copies on all relevant parties as required

Known limitations

• This form only applies to suspended sentences under the Criminal Justice Act 2006
• It cannot be used for sentences suspended under different legislation
• The court has discretion to approve or deny the revocation
• Additional procedures may apply for certain types of offenses
• Legal advice may be necessary for complex cases

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Current Form Status

This form is current as per the Criminal Justice Act 2006 provisions, but verify with the Courts Service for any recent updates.

Agency: Courts Service of Ireland

What changed or needs a fresh check

• Verify the form references the correct sections of the Criminal Justice Act 2006
• Check if any recent amendments to the Act affect this form
• Confirm the current court fees required with this form
• Ensure the form number matches the latest version from Courts Service

Quick Facts

The prosecution or relevant authority seeking to revoke the suspended sentence order needs to file this form.

The form captures details of the original suspended sentence and the specific reasons why the suspension should be revoked.

Submit this form as soon as there are grounds to revoke the suspended sentence, typically when the conditions of suspension have been breached.

Submit to the court that issued the original suspended sentence order, either in person, by post, or through the Courts Service online portal if available.

Submitting correctly ensures the court has complete information to make a proper decision about revoking the suspended sentence.

Complete all sections with accurate details of the original sentence and grounds for revocation. Attach any supporting evidence of the breach. Submit to the appropriate court office with any required fees.