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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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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| New sentencing | Initial court forms | Different legal process | Check if this is a new case or activation of deferred sentence |
| Appeal against sentence | Appeal forms | Different legal process | Verify if you're appealing rather than activating deferred sentence |
| Bail application | Bail forms | Different legal process | Confirm this is about sentence activation, not bail |
| Probation order | Probation forms | Different legal process | Ensure this is about imprisonment, not probation |
| Fine enforcement | Enforcement forms | Different legal process | Check if this involves imprisonment or financial penalties |
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.
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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
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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)
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7 things to watch for
Confusing this form with initial sentencing documents
Misunderstanding the difference between deferred and suspended sentences
Not knowing which sections of the Criminal Justice Act apply
Uncertainty about who should file the application
Confusion about when a deferred sentence can be activated
Not understanding the court's discretion in the process
Mistaking this for an appeal or other post-sentencing procedure
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