COURTS

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)

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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Form Overview

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)

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.

The form captures information about the case, the deferred sentence, and requests the court to fix a specific date for the hearing to consider imposing the prison sentence.

Risk Radar

  • Missing the statutory deadline for requesting the hearing can result in the court being unable to impose the deferred sentence.
  • Missing the statutory deadline for requesting the hearing
  • Incomplete case information that could cause delays
  • Incorrect form version being used
  • Failure to notify all relevant parties

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

  • 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.
  • 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

  • Use this form when you need to schedule a hearing for a deferred prison sentence under Section 100 of the Criminal Justice Act 2006
  • This form is specifically for cases where a sentence of imprisonment was deferred and now needs to be reconsidered
  • Use this when the court has already made an order deferring the sentence but hasn't set a date for the hearing
  • This is not for initial sentencing but for follow-up hearings on deferred sentences
  • Use this form when you are seeking to have the court fix a specific date rather than waiting for the court to schedule it

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Immediate sentencing neededForm for sentencing hearingDifferent procedures apply for initial sentencingCheck if this is a new sentence or reconsideration of deferred sentence
Appeal against deferred sentenceNotice of AppealDifferent legal process and time limitsConfirm whether you're appealing the deferral or seeking to implement the sentence
Bail applicationBail application formSeparate legal process and considerationsEnsure you're not confusing bail with sentencing procedures
Sentence variation requestApplication for variation of sentenceDifferent legal basis and procedureConfirm whether you're seeking to vary the original sentence terms
Victim impact statementVictim impact statement formDifferent purpose and procedureEnsure you're providing victim input, not requesting a hearing

Deadline or filing window

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.

Before you submit

  • Verify all case details are correct and match court records
  • Ensure the form is fully completed with no blank sections
  • Check that all required supporting documents are attached
  • Confirm you're using the correct version of the form
  • Verify the court reference number is accurate
  • Ensure all signatures are present if required
  • Check that the application is being submitted to the correct court office

How to file this form

  1. 1Obtain the correct version of Form 28A.8 from the Courts Service
  2. 2Complete all sections with accurate case details
  3. 3Attach any required supporting documents
  4. 4Submit the completed form to the appropriate court office
  5. 5Keep a copy for your records
  6. 6Follow up with the court to confirm receipt
  7. 7Note the scheduled hearing date once provided by the court

Known limitations

  • This form cannot be used to request an initial sentencing hearing
  • It only applies to cases covered by Section 100 of the Criminal Justice Act 2006
  • The court has discretion to set a different date than requested
  • This form does not guarantee the sentence will be imposed as originally deferred
  • The form may not be applicable to all types of deferred sentences

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Current Form Status

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

What changed or needs a fresh check

  • Verify you're using the most recent version of Form 28A.8
  • Check if there have been any amendments to Section 100 of the Criminal Justice Act 2006
  • Confirm the form aligns with current court procedures
  • Ensure any recent legislative changes haven't affected this form
  • Check if the Courts Service has updated submission methods

Quick Facts

This form would typically be filed by the Director of Public Prosecutions, legal representatives, or court officials involved in the case where a deferred sentence needs to be addressed.
The form captures information about the case, the deferred sentence, and requests the court to fix a specific date for the hearing to consider imposing the prison sentence.
This form should be submitted after a deferred sentence has been imposed and before the statutory time limit for reconsidering that sentence has expired.
The form should be submitted to the relevant court office handling the case, either in person, by post, or potentially through the Courts Service's online portal if available.
Submitting this form correctly ensures the court hearing is scheduled properly, which is crucial for the legal process and the rights of all parties involved. Errors or delays could result in missed deadlines or improper sentencing procedures.
Complete all sections of the form with accurate case details. Attach any relevant supporting documents. Submit the completed form to the appropriate court office. Keep a copy for your records. Follow up with the court to confirm the hearing date has been set.

Form Details

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

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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After you file

  • Monitor for confirmation from the court that the hearing date has been set
  • Prepare any additional documentation needed for the hearing
  • Notify all relevant parties of the scheduled hearing date
  • Attend the hearing as scheduled
  • Follow up on the outcome of the hearing
  • Keep records of all communications regarding the hearing

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Criminal Justice Act 2006, Section 100(7) and 100(10)
  • Used for applications to fix dates for hearings on deferred prison sentences
  • Not confirmed in official source: specific submission methods
  • Not confirmed in official source: exact time limits
  • Not confirmed in official source: who exactly can file this form
  • Not confirmed in official source: current form version number
  • Not confirmed in official source: specific supporting documents required

Common confusion points

8 things to watch for

  • 1

    Confusing this form with initial sentencing applications

  • 2

    Misunderstanding the time limits for requesting the hearing

  • 3

    Not realizing the court may set a different date than requested

  • 4

    Confusing deferred sentences with suspended sentences

  • 5

    Uncertainty about which court office to submit the form to

  • 6

    Misunderstanding who has the authority to file this form

  • 7

    Confusing this procedure with appeal processes

  • 8

    Uncertainty about what supporting documents are required

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