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32.4 Information (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

This form records information regarding a breach of recognisance under the Misuse Of Drugs Act, 1977, specifically referencing Section 28 (5). You use this when someone bound by a court-ordered recognisance fails to comply with its terms.

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Form Overview

32.4 Information (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

This form records information regarding a breach of recognisance under the Misuse Of Drugs Act, 1977, specifically referencing Section 28 (5). You use this when someone bound by a court-ordered recognisance fails to comply with its terms.

The form captures details about the person who breached the recognisance and the specific nature of the misuse that constitutes the breach under Section 28 (5).

Risk Radar

  • Do not submit without naming the specific section of the Act being breached!
  • Failing to cite Section 28 (5) correctly.
  • Not identifying the person under recognisance clearly.
  • Vague description of the 'breach' itself.
  • Submitting it without knowing the required submission method (online/post).

Plain English

If someone in Ireland has agreed to certain conditions with the Court—like showing up or behaving properly—and they break those rules, you use this form. It tells the Courts Service exactly what happened and why the original promise was broken.

Submission Date

  • While no exact date is set in the title, aim to file this form as soon as the breach occurs or is confirmed by authorities.
  • 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 this when someone has been placed under a court recognisance.
  • It applies specifically if that person breaches the terms set out in their recognisance.
  • The breach must relate to Section 28 (5) of the Misuse Of Drugs Act, 1977.
  • Do not use this form for general drug offences unless they involve a recognised condition under S.28(5).

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
General Drug OffenceNot confirmed in official source (but likely another Courts Service form)If the breach isn't specifically tied to S.28(5) recognisance termsCheck if your court document specifies a different number.
Failing to appear at CourtForm 32.4 Information (Breach Of Recognisance)The failure is linked directly to the conditions of the existing recognisanceEnsure the form clearly states 'Breach' not just 'Non-appearance'.
Simple Licence ViolationNot confirmed in official sourceIf the breach relates to a specific drug licence condition rather than personal conductCheck if the Recognisance document references licensing terms.
Probation Breach (General)Form 32.4 Information (Breach Of Recognisance)This form covers recognisance, which is similar to probation conditionsConfirm that 'Recognisance' is the correct term used by your court.

Deadline or filing window

While no exact date is set in the title, aim to file this form as soon as the breach occurs or is confirmed by authorities.

Before you submit

  • Ensure the name of the person breaching the recognisance is spelled exactly as on court records.
  • Clearly state *how* the terms were breached (e.g., 'Failed to report usage' vs. 'Used prohibited substance').
  • Attach copies of the original Recognisance order and any supporting evidence (e.g., police report).
  • Fill in all sections, even if the answer is 'None' or 'Not Applicable'.
  • Verify that the date of the breach incident is recorded accurately.
  • Sign and date the form yourself before submission.

How to file this form

  1. 1Complete Section 1 with details of the person under recognisance.
  2. 2Detail the specific nature of the breach in the relevant section, referencing S.28(5).
  3. 3Attach all supporting documentation to the form packet.
  4. 4Submit the completed package to the relevant Court Office or designated Courts Service contact point.
  5. 5Keep a copy for your own records.

Known limitations

  • This form itself does not determine guilt; it only *records* the information about the breach.
  • The specific penalty applied is determined by the Judge/Magistrate, not by filling out this form.
  • Not confirmed in official source: It does not specify if electronic submission via a particular Courts Service portal is mandatory or optional.
  • If the recognisance involves multiple sections of the Act, only S.28(5) breach details are highlighted on this specific form.

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Current Form Status

This form is used specifically for recording breaches related to the Misuse Of Drugs Act, 1977. It remains a standard document managed by the Courts Service of Ireland.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the date on the top of the form matches the current year.
  • Check if there are any new boxes related to specific drug classifications (e.g., Cannabis, Cocaine).
  • Verify that the reference to 'Misuse Of Drugs Act, 1977 Section 28 (5)' is fully present and correct.
  • Look for updated instructions regarding digital submission via the Courts Service portal.

Quick Facts

Anyone aware of the breach needs to submit this. This could be a police officer, a legal representative, or another involved party.
The form captures details about the person who breached the recognisance and the specific nature of the misuse that constitutes the breach under Section 28 (5).
Submit this when the breach occurs or as soon as it is discovered. There is no fixed deadline mentioned in the title, but prompt reporting is advised.
Submission details are not confirmed in official source, but it relates to the Courts Service of Ireland (COURTS). Check the specific instructions for online submission or postal address.
Submitting this correctly ensures the court knows immediately that a breach has happened. Errors could lead to delays in taking further action against the individual.
First, clearly identify the person and the original recognisance agreement. Next, detail exactly how Section 28 (5) of the Misuse Of Drugs Act was violated. Finally, complete all required sections before submitting it via the appropriate Courts Service channel.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/10/25

32.4 Information (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

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After you file

  • Keep the date and reference number of your submission receipt.
  • Follow up with the relevant Court Office after 10 working days if you have not received acknowledgement.
  • Track whether the matter is referred to a hearing or handled administratively.
  • If instructed, prepare for the next court appearance based on this breach record.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Number: 32.4
  • Act Referenced: Misuse Of Drugs Act, 1977
  • Specific Section: Section 28 (5)
  • Context: Recording a breach against conditions imposed by the Court.

Common confusion points

4 things to watch for

  • 1

    Mistaking it for a general 'Drug Possession' form when the issue is specifically breaking the *rules* of an existing order.

  • 2

    Not knowing which Court Office handles matters related to that specific recognisance.

  • 3

    Assuming filling out this form automatically results in a fine; it starts the process, but doesn't guarantee the outcome.

  • 4

    Confusing 'Breach of Recognisance' with 'Failure to Appear at Hearing,' even if they are related.

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