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32.6 Summons (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

This form is a Summons used within the Courts Service of Ireland. It specifically deals with a breach of Recognisance under Section 28 (5) of the Misuse Of Drugs Act, 1977. Use this when someone has broken an agreement made in court regarding drug use.

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Form Overview

32.6 Summons (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

This form is a Summons used within the Courts Service of Ireland. It specifically deals with a breach of Recognisance under Section 28 (5) of the Misuse Of Drugs Act, 1977. Use this when someone has broken an agreement made in court regarding drug use.

This form captures details about the original Recognisance, the specific drug offence, and evidence proving the breach of that agreement.

Risk Radar

  • Ensure you cite Section 28 (5) of the Misuse Of Drugs Act, 1977 correctly on the form.
  • Failing to reference the correct Recognisance number
  • Not clearly detailing *which* condition was breached
  • Omitting key details about the drug substance involved
  • Submitting it to the wrong local court office

Plain English

Think of this as a formal notice filed with the Irish courts. It tells the judge that someone has violated a specific condition set by the court related to drugs. You use it when the terms of their Recognisance have been broken.

Submission Date

  • While no specific date is listed, submit this summons as soon as possible after becoming aware of the breach. Promptness helps keep court proceedings moving smoothly in Ireland.
  • 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 breaks a court agreement related to drugs.
  • The breach must specifically fall under Section 28 (5) of the Misuse Of Drugs Act, 1977.
  • This is for recording the formal summons, not just reporting the incident.
  • It applies when Recognisance has been granted in relation to drug use.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Breach related to a different section of the MDASummons (general) or specific breach formThe exact Act/Section dictates the correct numberCheck the court file first
A simple notification of breach without formal summonsReport Form (if available)This is just informing the court, not initiating action via this 32.6Confirm if a full Summons is required
A violation of probation conditionsProbation Violation Notice/SummonsRecognisance is often linked to probation termsEnsure the document matches the existing order
General attendance summons for drug caseForm 32 (or similar)This form is specific to *Breach* under Sec 28(5)Verify the Act reference on your court documents

Deadline or filing window

While no specific date is listed, submit this summons as soon as possible after becoming aware of the breach. Promptness helps keep court proceedings moving smoothly in Ireland.

Before you submit

  • Ensure the name and address of the person summoned are correct.
  • Verify that the breach clearly relates to Recognisance under MDA, 1977 S.28(5).
  • Check that the relevant court/jurisdiction is accurately listed.
  • Confirm the date the breach occurred is precise.
  • Signatures must be present where required by the Courts Service.

How to file this form

  1. 1Complete all sections of Form 32.6 fully.
  2. 2Obtain necessary signatures (e.g., police, Gardaí, court official).
  3. 3File the completed form at the relevant County/District Court office.
  4. 4Keep a copy for your records after submission.
  5. 5If submitting digitally, ensure it is uploaded to the correct Courts Service portal.

Known limitations

  • This form only covers breaches under Section 28 (5) of the Misuse Of Drugs Act, 1977. Other drug violations need different forms.
  • It does not specify if this breach results in a fine or imprisonment; that is determined by the judge.
  • The specific court where it must be filed is not confirmed in official source.

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Current Form Status

This is the standard Summons for recording a breach of Recognisance under specific drug laws. It remains an active form within the Courts Service of Ireland.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check if the Court Seal/Stamp format has changed.
  • Verify the exact wording of Section 28 (5) in the current legislation.
  • Confirm the required signature lines for both parties.
  • Look for any updates regarding digital submission requirements.

Quick Facts

The party who believes the breach occurred (e.g., the Gardaí or another involved party) needs to complete and submit this form.
This form captures details about the original Recognisance, the specific drug offence, and evidence proving the breach of that agreement.
Submit it when a violation of the conditions set out in the Recognisance has occurred. There is no fixed deadline mentioned in the title alone, but prompt submission is advised.
Submission is usually directed to the relevant Irish court handling the case. Check the accompanying instructions for specific online portals or physical addresses.
Submitting it correctly ensures the judge knows exactly what happened and can take appropriate action. Errors could delay hearings or lead to incorrect penalties.
First, fill in all personal details of the person who breached the Recognisance. Next, clearly state which condition of the Recognisance was broken. Finally, provide evidence supporting that breach before submitting it to the Courts Service.

Form Details

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

32.6 Summons (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

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After you file

  • Keep the filing receipt number handy.
  • Track whether the summons has been served on the defendant/person summoned.
  • Monitor for a subsequent Court Order referencing this 32.6 form.
  • If digital, confirm successful upload confirmation from the Courts Service portal.

Source and verification log

  • Issued by: Courts Service of Ireland (COURTS)
  • Form Number: 32.6
  • Specific Law: Misuse Of Drugs Act, 1977
  • Specific Section: Section 28 (5)
  • Not confirmed in official source: Current revision date.
  • Not confirmed in official source: Specific court jurisdiction requirements.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Recognisance' with general 'Probationary Licence'.

  • 2

    Not clearly stating *how* the drug use breached the agreement (e.g., quantity, type).

  • 3

    Filing it when the breach is minor and a simple warning letter would suffice.

  • 4

    Assuming this form covers all MDA breaches, even if they are under Section 28(1) or 28(2).

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