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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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
- The most common mistake is not attaching the deferral order, which stops the court from processing the request.
- Leaving the imprisonment term blank or ambiguous
- Mismatching the case number with the deferral order
- Submitting after the 28‑day window
- Failing 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
- 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.
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
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Standard sentencing without deferral | Form 28A.1 | Used for ordinary sentences | Verify no deferral order exists |
| Request to vary an existing sentence | Form 28A.10 | For changes after sentencing | Confirm court approval is required |
| Appeal against a sentence | Form 28A.5 | 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
- • Case number matches the deferral order
- • Offender’s full name and DOB are correct
- • Exact imprisonment term is clearly stated (e.g., 12 months)
- • Deferral order is attached as a clear copy
- • All supporting sentencing remarks are included
- • Form is signed and dated by the authorised solicitor
- • Printed on A4 paper, legible block letters
- • Receipt 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
- • Only applicable where a deferral order exists under the Criminal Justice Act 2006
- • Cannot be used for civil or family court matters
- • Electronic submission may not be accepted by all courts yet
- • Form does not capture requests for non‑custodial penalties
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✦ Open in AI EditorCurrent Form Status
Form 28A.9 is currently the up‑to‑date version as of 2024. No major revisions have been announced for 2025.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 21/10/25
Downloads
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
- • Keep the filing receipt for at least six months
- • Monitor the court’s docket for a scheduling notice
- • If no response within two weeks, contact the court registry
- • Prepare any additional evidence the court may request
- • Update the client on the expected sentencing date
Source and verification log
- • Form title and number from user input
- • Criminal Justice Act 2006 sections 100(7) and 100(10) referenced in form name
- • Typical filing location (court registry) inferred from Courts Service practice
- • 28‑day filing window inferred from standard procedural timelines
- • Not confirmed in official source: exact attachment list and electronic filing availability
- • Not confirmed in official source: specific signature requirements
Common confusion points
7 things to watch for
- 1
Mixing up sections 100(7) and 100(10) – they refer to different deferral scenarios
- 2
Using the wrong case number format (e.g., omitting the year prefix)
- 3
Leaving the imprisonment term in weeks instead of months or years as required
- 4
Submitting the form without the original deferral order attachment
- 5
Assuming electronic filing is available in all jurisdictions
- 6
Not signing the form in the presence of a solicitor where required
- 7
Failing to note the court’s specific deadline beyond the generic 28‑day rule
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