Form 28A.8 is used to request a hearing date for an application to impose a sentence of imprisonment that has been deferred under the Criminal Justice Act 2006, sections 100(7) and 100(10). It is filed with the Courts Service when a defendant or prosecutor wants the court to set a date to consider the deferred sentence.
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Form 28A.8 is used to request a hearing date for an application to impose a sentence of imprisonment that has been deferred under the Criminal Justice Act 2006, sections 100(7) and 100(10). It is filed with the Courts Service when a defendant or prosecutor wants the court to set a date to consider the deferred sentence.
Plain English
If a court has postponed a prison term and now needs to decide when the person will actually serve it, this form tells the court the preferred date for that hearing. It is a simple request, not a legal argument, and must be sent to the appropriate court.
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| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| General application for a hearing | Form 28A.1 | Used when no specific deferral order exists | Verify the nature of the order first |
| Request to vary a deferred sentence | Form 28A.9 | For changing the terms of the deferral | Confirm you need a variation, not a hearing date |
| Appeal against a deferred sentence | Form 28A.10 | When challenging the deferral decision | Use only after a formal appeal notice |
File the form as soon as the deferral period ends, but no later than 28 days after that date to avoid unnecessary delays.
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Form 28A.8 is currently the active version used by the Courts Service. No major revisions have been announced in the last 12 months.
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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6 things to watch for
Mixing up sections 100(7) and 100(10) with other Criminal Justice Act provisions.
Assuming the form can be used for a sentence variation.
Submitting to the wrong court registry.
Leaving the proposed date blank, thinking the court will choose automatically.
Forgetting to sign the form when filing electronically.
Using an outdated PDF version from a third‑party site.
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