This form is used to request the court to set a date for a hearing regarding an application to impose a prison sentence that was previously deferred under the Criminal Justice Act 2006. It should be used when a court has deferred imposing a sentence of imprisonment and needs to schedule the hearing for when that sentence will be considered.
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This form is used to request the court to set a date for a hearing regarding an application to impose a prison sentence that was previously deferred under the Criminal Justice Act 2006. It should be used when a court has deferred imposing a sentence of imprisonment and needs to schedule the hearing for when that sentence will be considered.
Plain English
This form helps schedule a court hearing about a prison sentence that was put on hold. If a judge decided not to immediately send someone to prison but instead deferred that decision, this form is used to set the date when the court will reconsider that prison sentence.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Immediate sentencing needed | Form for sentencing hearing | Different procedures apply for initial sentencing | Check if this is a new sentence or reconsideration of deferred sentence |
| Appeal against deferred sentence | Notice of Appeal | Different legal process and time limits | Confirm whether you're appealing the deferral or seeking to implement the sentence |
| Bail application | Bail application form | Separate legal process and considerations | Ensure you're not confusing bail with sentencing procedures |
| Sentence variation request | Application for variation of sentence | Different legal basis and procedure | Confirm whether you're seeking to vary the original sentence terms |
| Victim impact statement | Victim impact statement form | Different purpose and procedure | Ensure you're providing victim input, not requesting a hearing |
The application to fix a date for the hearing must be submitted within the time limit specified in Section 100 of the Criminal Justice Act 2006, which is typically 12 months from the date the deferred sentence was imposed, unless otherwise specified by the court.
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This form is current as of the Criminal Justice Act 2006, but always check for any recent amendments or updated versions with the Courts Service before filing.
Agency: Courts Service of Ireland
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28A.8 Information For Application To Fix A Date For The Hearing Of An Application For An Order Imposing A Sentence Of Imprisonment Specified In An Order Deferring Such Sentence - Criminal Justice Act 2006, Section 100(7) And 100(10)
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8 things to watch for
Confusing this form with initial sentencing applications
Misunderstanding the time limits for requesting the hearing
Not realizing the court may set a different date than requested
Confusing deferred sentences with suspended sentences
Uncertainty about which court office to submit the form to
Misunderstanding who has the authority to file this form
Confusing this procedure with appeal processes
Uncertainty about what supporting documents are required
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