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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)

This form is used to apply for an order imposing a prison sentence that was previously deferred under the Criminal Justice Act 2006. It should be used when a court needs to reconsider a deferred sentence and impose the originally specified imprisonment.

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Form Overview

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)

This form is used to apply for an order imposing a prison sentence that was previously deferred under the Criminal Justice Act 2006. It should be used when a court needs to reconsider a deferred sentence and impose the originally specified imprisonment.

The form captures details about the original deferred sentence, the reasons for seeking to activate it, and the specific imprisonment terms being requested.

Risk Radar

  • Ensure you have the correct case number and reference to the original deferred sentence order.
  • Incorrectly identifying the case or defendant
  • Missing required supporting documentation
  • Failing to properly reference the original deferred order
  • Not following proper court procedures for service

Plain English

This form is part of the Irish criminal justice process when someone was given a suspended sentence but now needs to serve the prison time. It's the official way to ask the court to activate that deferred prison sentence.

Submission Date

  • There is no standard deadline for this form as it's event-based, triggered when conditions for activating the deferred sentence are met. However, it should be filed promptly once those conditions occur.
  • 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 when activating a deferred prison sentence under Section 100 of the Criminal Justice Act 2006
  • Not for initial sentencing or other types of court orders
  • Specific to cases where a sentence was previously deferred
  • Only applies to criminal matters, not civil proceedings
  • Required when the conditions for activating the deferred sentence have been met

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
New sentencingInitial court formsDifferent legal processCheck if this is a new case or activation of deferred sentence
Appeal against sentenceAppeal formsDifferent legal processVerify if you're appealing rather than activating deferred sentence
Bail applicationBail formsDifferent legal processConfirm this is about sentence activation, not bail
Probation orderProbation formsDifferent legal processEnsure this is about imprisonment, not probation
Fine enforcementEnforcement formsDifferent legal processCheck if this involves imprisonment or financial penalties

Deadline or filing window

There is no standard deadline for this form as it's event-based, triggered when conditions for activating the deferred sentence are met. However, it should be filed promptly once those conditions occur.

Before you submit

  • Confirm all case details are accurate
  • Verify the original deferred sentence order is referenced correctly
  • Ensure supporting documentation is complete
  • Check that all required parties will be served with the application
  • Confirm proper formatting and signing requirements
  • Verify court fees have been paid if applicable
  • Ensure copies are made for all parties

How to file this form

  1. 1Obtain the correct form 28A.9 from the Courts Service
  2. 2Complete all sections with accurate case and defendant information
  3. 3Attach relevant supporting documents
  4. 4File with the appropriate court office
  5. 5Ensure proper service on all parties involved
  6. 6Keep a copy for your records
  7. 7Follow up with the court to confirm receipt

Known limitations

  • This form only applies to deferred sentences under the Criminal Justice Act 2006
  • It cannot be used for other types of court orders or sentencing
  • The court has discretion to refuse the application
  • Proper legal representation may be necessary
  • Time limits may apply depending on the circumstances

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Current Form Status

This form is current as of the Criminal Justice Act 2006, but users should verify with the Courts Service for any recent amendments.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form references the correct sections (100(7) and 100(10)) of the Criminal Justice Act 2006
  • Check that court address details are current
  • Confirm any recent amendments to the Criminal Justice Act affecting deferred sentences
  • Ensure formatting requirements meet current court standards
  • Verify any specific documentation requirements have changed

Quick Facts

The form would typically be submitted by the Director of Public Prosecutions or their representative when seeking to impose a deferred prison sentence.
The form captures details about the original deferred sentence, the reasons for seeking to activate it, and the specific imprisonment terms being requested.
This form should be submitted when circumstances require the activation of a previously deferred prison sentence under Section 100 of the Criminal Justice Act 2006.
The form should be filed with the relevant court office handling the case, either in person, by post, or through the Courts Service electronic filing system if available.
Submitting this form correctly ensures the proper legal process is followed for activating a deferred prison sentence, which can affect the individual's liberty and criminal record.
Complete the form with all required details about the original case and deferred sentence. Attach any supporting documents. File with the appropriate court office and ensure all parties receive copies as required by court rules.

Form Details

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

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)

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After you file

  • Monitor court scheduling for hearings
  • Prepare for any required court appearances
  • Keep track of all court communications
  • Ensure compliance with any interim orders
  • Document all proceedings related to the application
  • Follow up on the court's decision

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Criminal Justice Act 2006
  • Specifically references Sections 100(7) and 100(10)
  • Not confirmed in official source: Current processing times
  • Not confirmed in official source: Specific court fees
  • Not confirmed in official source: Electronic filing availability
  • Not confirmed in official source: Recent amendments to the form

Common confusion points

7 things to watch for

  • 1

    Confusing this form with initial sentencing documents

  • 2

    Misunderstanding the difference between deferred and suspended sentences

  • 3

    Not knowing which sections of the Criminal Justice Act apply

  • 4

    Uncertainty about who should file the application

  • 5

    Confusion about when a deferred sentence can be activated

  • 6

    Not understanding the court's discretion in the process

  • 7

    Mistaking this for an appeal or other post-sentencing procedure

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