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28A.6 Order Deferring The Passing Of A Sentence Of Imprisonment Subject To Conditions - Criminal Justice Act 2006, Section 100(1)(B)

This form is used to defer the passing of a prison sentence while imposing conditions on the defendant under Section 100(1)(B) of the Criminal Justice Act 2006. It is typically used when a judge wants to delay imprisonment to allow the defendant to demonstrate compliance with certain conditions before the sentence is enforced.

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Form Overview

28A.6 Order Deferring The Passing Of A Sentence Of Imprisonment Subject To Conditions - Criminal Justice Act 2006, Section 100(1)(B)

The form captures details about the conditions of deferral, the duration of the deferral period, and the requirements the defendant must meet to avoid serving the prison sentence.

Risk Radar

The most common mistake is failing to clearly specify all conditions of deferral, which can lead to unintended violations.
Incomplete form sections may lead to confusion about conditions
Missing signatures can invalidate the deferral order
Unclear conditions may result in unintended violations
Failure to specify deferral duration can cause enforcement issues

Plain English

This form lets a judge delay sending someone to prison while setting rules they must follow instead. The judge can decide to postpone the prison sentence if the defendant agrees to follow specific conditions during the deferral period.

Submission Date

The form must be submitted at the time of sentencing, before the defendant is released from custody if applicable, to ensure immediate effect of the deferral order.
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 section allow

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What this form is for

• Use when a judge wants to delay a prison sentence
• Use when conditions are to be attached to the deferral
• Use when the defendant agrees to the deferral terms
• Use when the court needs formal documentation of the agreement
• Use only for cases covered under Section 100(1)(B) of the Criminal Justice Act

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Immediate imprisonment required	Form 28A.1	When no deferral is possible	Check if the defendant has any mitigating circumstances
Probation instead of deferral	Probation Order forms	When community supervision is more appropriate	Verify if the defendant has prior convictions
Electronic monitoring required	Electronic Monitoring Order forms	When location tracking is needed as a condition	Confirm if monitoring equipment is available
Community service ordered	Community Service Order forms	When restitution to the community is required	Assess if the defendant has the capacity for community service

Deadline or filing window

The form must be submitted at the time of sentencing, before the defendant is released from custody if applicable, to ensure immediate effect of the deferral order.

Before you submit

• All form sections are completely filled out
• Defendant's personal details are accurate
• Original sentence details match court records
• Conditions of deferral are clearly specified
• Duration of deferral period is stated
• Both judge and defendant have signed the form
• A copy has been provided to the defendant
• Form has been filed with the court clerk

How to file this form

1Obtain the official Form 28A.6 from the Courts Service
2Complete all sections with accurate information about the case
3Specify all conditions of deferral clearly
4Have the judge review and sign the form
5Obtain defendant's signature agreeing to the conditions
6File the original with the court clerk
7Provide a copy to the defendant and legal representatives

Known limitations

• This form cannot be used for offenses not covered under Section 100(1)(B)
• The deferral period cannot exceed the maximum sentence for the offense
• The form does not replace the need for a separate sentencing order
• It may not be available for all types of criminal offenses
• The form must be used in conjunction with other court procedures

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Current Form Status

This form is current as of the Criminal Justice Act 2006, but recent amendments may affect its use. Check the Courts Service website for the most updated version.

Agency: Courts Service of Ireland

What changed or needs a fresh check

• Verify the form references the current Criminal Justice Act 2006
• Check if any recent amendments to Section 100(1)(B) affect this form
• Ensure all formatting matches the latest Courts Service requirements
• Confirm the form includes updated privacy notice provisions
• Check if new conditions of deferral have been added to the form

Quick Facts

The form is typically completed and submitted by the court registrar or judge during criminal proceedings where a deferral of sentence is being considered.

The form captures details about the conditions of deferral, the duration of the deferral period, and the requirements the defendant must meet to avoid serving the prison sentence.

This form is submitted when a judge decides to defer a prison sentence during criminal proceedings, typically after a guilty verdict but before sentencing.

The form is filed with the court handling the criminal case, either in person at the courthouse or through the court's official filing system.

Submitting correctly ensures that the conditions of deferral are properly documented and that both the court and defendant understand the requirements to avoid imprisonment.

Complete all sections of the form with accurate details about the defendant, the original sentence, and the specific conditions of deferral. Have both the judge and defendant sign the form before filing it with the court clerk.

Form Details

Agency: Courts Service of Ireland
Category: Other Court Forms
Source: Court Forms ↗
Revision Date: 21/10/25

Downloads

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28A.6 Order Deferring The Passing Of A Sentence Of Imprisonment Subject To Conditions - Criminal Justice Act 2006, Section 100(1)(B)

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After you file

• Keep a copy of the filed form for your records
• Monitor the defendant's compliance with conditions
• Note the expiration date of the deferral period
• Prepare for enforcement if conditions are violated
• Attend any follow-up hearings as required
• Document any issues or violations that occur

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Source and verification log

• Form is issued by the Courts Service of Ireland
• Based on Section 100(1)(B) of the Criminal Justice Act 2006
• Form number 28A.6 is specific to this type of order
• Not confirmed in official source if the form is available online
• Not confirmed in official source if there are recent amendments
• Not confirmed in official source if electronic filing is available
• Not confirmed in official source about specific conditions that can be imposed