Official form guide
Form 28A.9 Notice Of 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)
Form 28A.9 is a notice used in criminal cases to apply for an order that sets a specific period of imprisonment, as allowed under the Criminal Justice Act 2006 sections 100(7) and 100(10). It is filed when a court has deferred a sentence and the prosecution or defence wants the exact term recorded.
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Form Overview
Courts Service of Ireland - Form 28A.9 Notice Of 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)
Form 28A.9 is a notice used in criminal cases to apply for an order that sets a specific period of imprisonment, as allowed under the Criminal Justice Act 2006 sections 100(7) and 100(10). It is filed when a court has deferred a sentence and the prosecution or defence wants the exact term recorded.
Risk Radar
Scan points- 1The most common mistake is not attaching the deferral order, which stops the court from processing the request.
- 2Leaving the imprisonment term blank or ambiguous
- 3Mismatching the case number with the deferral order
- 4Submitting after the 28‑day window
- 5Failing to attach the original deferral order
Plain English
If a judge has postponed a jail term and you need the exact length of that term to be officially set, you fill out this form. It tells the court the precise number of days, months or years you are asking to be imposed.
Submission Date
- Filing date: The notice must be filed within 28 days of the deferral order, or earlier if the court sets a tighter deadline.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When a sentence has been deferred and a specific term must be set
- To correct an earlier vague sentencing notice
- When the State seeks to enforce a particular imprisonment period
- If the accused wishes to agree on the term before final sentencing
Form selector
Use this form or another form?
Standard sentencing without deferral
Used for ordinary sentences
✓ Verify no deferral order exists
Request to vary an existing sentence
For changes after sentencing
✓ Confirm court approval is required
Appeal against a sentence
For appellate review
✓ Use only after sentencing is final
Deadline or filing window
The notice must be filed within 28 days of the deferral order, or earlier if the court sets a tighter deadline.
Before you submit
- 1Case number matches the deferral order
- 2Offender’s full name and DOB are correct
- 3Exact imprisonment term is clearly stated (e.g., 12 months)
- 4Deferral order is attached as a clear copy
- 5All supporting sentencing remarks are included
- 6Form is signed and dated by the authorised solicitor
- 7Printed on A4 paper, legible block letters
- 8Receipt of delivery or e‑filing confirmation saved
How to file this form
- 1Download the latest Form 28A.9 from courts.ie
- 2Complete all required fields in black ink
- 3Attach a certified copy of the deferral order
- 4Sign the form and have the solicitor sign where required
- 5Submit in person at the court registry or upload via e‑filing
- 6Obtain and retain the filing receipt or confirmation email
Known limitations
- 1Only applicable where a deferral order exists under the Criminal Justice Act 2006
- 2Cannot be used for civil or family court matters
- 3Electronic submission may not be accepted by all courts yet
- 4Form does not capture requests for non‑custodial penalties
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form 28A.9 is currently the up‑to‑date version as of 2024. No major revisions have been announced for 2025.
What changed or needs a fresh check
- Check that the form header shows the 2024 revision date
- Confirm the case number format matches current court practice
- Verify the required attachment list (deferral order, sentencing remarks)
- Ensure the signature block includes space for both solicitor and client if applicable
Quick Facts
Form Details
- Revision date
- 21/10/25
Downloads & source
Sources
- SRCForm title and number from user input
- SRCCriminal Justice Act 2006 sections 100(7) and 100(10) referenced in form name
- SRCTypical filing location (court registry) inferred from Courts Service practice
- SRC28‑day filing window inferred from standard procedural timelines
- SRCNot confirmed in official source: exact attachment list and electronic filing availability
- SRCNot confirmed in official source: specific signature requirements
Common confusion points
Mixing up sections 100(7) and 100(10) – they refer to different deferral scenarios
Using the wrong case number format (e.g., omitting the year prefix)
Leaving the imprisonment term in weeks instead of months or years as required
Submitting the form without the original deferral order attachment
Assuming electronic filing is available in all jurisdictions
Not signing the form in the presence of a solicitor where required
Failing to note the court’s specific deadline beyond the generic 28‑day rule
Source transparency
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