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Form 96C.12 Summons to *Vary *Discharge *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

This is Form 96C.12 from the Courts Service of Ireland. It serves as a formal summons used when someone needs to ask the court to change an existing interim discharge order. Specifically, it relates to Section 28 Orders under the Criminal Justice (Miscellaneous Provisions) Act 2023.

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Form Overview

Courts Service of Ireland - Form 96C.12 Summons to *Vary *Discharge *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

This is Form 96C.12 from the Courts Service of Ireland. It serves as a formal summons used when someone needs to ask the court to change an existing interim discharge order. Specifically, it relates to Section 28 Orders under the Criminal Justice (Miscellaneous Provisions) Act 2023.

The form captures details about the existing discharge order, the reasons why the change is needed, and what the desired new terms of the order should be. It confirms this request is being made under Section 29 of the Act.

Risk Radar

Scan points
  • 1Do not forget to specify which part of the Section 28 Order needs changing; just stating 'Vary' is too vague.
  • 2Failing to reference the exact case number and jurisdiction.
  • 3Not clearly detailing *how* the existing discharge needs to change.
  • 4Submitting without a proper signature from the applicant or solicitor.
  • 5Misidentifying the original interim discharge order being challenged.

Plain English

Basically, this form tells the judge you want to adjust a temporary release or dismissal order that is currently in place. Because it's 'Ex Parte,' it means one side (you) is asking for the change without the other party necessarily being present at the time of filing. This relates directly to a specific legal provision from 2023.

Submission Date

  • Filing date: There is no universal deadline listed here, but aim to submit it well in advance of any scheduled court date where the current order will be discussed.
  • 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

  • You need this form when you want the court to change a temporary (interim) discharge order.
  • The change relates to a Section 28 Order, which falls under the Criminal Justice (Miscellaneous Provisions) Act 2023.
  • Use it when the application is 'Ex Parte', meaning it is being made without the other party present at the hearing initially.
  • This form specifically addresses requests to *Vary* or *Discharge* that existing interim order.

Form selector

Use this form or another form?

Applying for a final discharge (not just varying an interim one)

Check if your request is permanent or temporary

✓ Ensure you select the correct variation type.

Not confirmed in official source

Requesting a different kind of court order related to Section 28

The nature of the change dictates the form needed

✓ Review the Act's schedule for exact matching.

Form not specified

If the application *is* being made with both parties present (not Ex Parte)

You may need a different accompanying summons/application

✓ Confirm if 'Ex Parte' is mandatory for your request.

Not confirmed in official source

A general court motion or application outside of Section 28 issues

This form is highly specific to the 2023 Act provisions

✓ Check the main Courts Service index.

Form not specified

Deadline or filing window

There is no universal deadline listed here, but aim to submit it well in advance of any scheduled court date where the current order will be discussed.

Before you submit

  1. 1Fill out all fields completely; do not leave anything blank if possible.
  2. 2Ensure the case number referenced matches your file exactly.
  3. 3Confirm you have correctly identified who is applying for the variation/discharge.
  4. 4Verify that the request aligns precisely with Section 28 of the Act.
  5. 5Sign and date the form where indicated.
  6. 6Attach any supporting documentation (e.g., evidence, witness statements).
  7. 7Check spelling and grammar across all sections.

How to file this form

  1. 1Complete Form 96C.12 thoroughly using black ink.
  2. 2Gather supporting documents that justify the request to vary or discharge the order.
  3. 3Submit the completed form and attachments to the relevant District/Circuit Court office.
  4. 4Pay any required court filing fee (check current rates).
  5. 5Obtain a stamped receipt confirming submission at the counter.
  6. 6If submitting electronically, upload the PDF via the appropriate Courts Service portal.

Known limitations

  1. 1This form only addresses interim discharge orders; it is not for final judgments.
  2. 2It is specifically tied to Section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2023.
  3. 3The 'Ex Parte' designation means you are applying without the other side present initially, which may affect hearing scheduling.
  4. 4Not confirmed in official source: The required court fee amount can change frequently.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

This is the current version of Form 96C.12 from the Courts Service of Ireland. It is used specifically for seeking changes to an interim discharge order under the new Criminal Justice Act.

What changed or needs a fresh check

  • Verify that the title explicitly mentions '*Vary *Discharge *(Interim) *(Ex Parte)'.
  • Confirm the reference to 'Section 28 Order' matches your case details.
  • Check for any recent updates regarding the Criminal Justice (Miscellaneous Provisions) Act 2023 amendments.
  • Ensure the Courts Service of Ireland logo/stamp is current.
  • Not confirmed in official source: Check if there are specific sub-versions (e.g., 96C.12a).

Quick Facts

This form is typically filed by an individual or their solicitor/legal representative involved in criminal proceedings. The person seeking the variation must sign and submit it.
The form captures details about the existing discharge order, the reasons why the change is needed, and what the desired new terms of the order should be. It confirms this request is being made under Section 29 of the Act.
Submit this when you need to alter an interim discharge order before a full hearing or review date. The timing depends on when the original order was granted.
Submission usually goes through the relevant County Court office handling the case file. It can be done via the Courts Service of Ireland online portal or by post.
Submitting incorrectly might mean the court rejects your request without review, leading to continued adherence to the old terms. Errors could also delay the necessary change in your discharge status.
First, ensure you have a copy of the original interim discharge order handy. Next, clearly state what you want changed on the form's relevant fields. Fill out all personal and case details accurately before signing it off. Finally, submit it to the correct court office or online portal.

Form Details

Revision date
23/10/25

Downloads & source

Fill Form 96C.12 Summons to *Vary *Discharge *(Interim) *(Ex Parte) Section 28 Order- Criminal Justice (Miscellaneous Provisions) Act 2023, Section 29

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Sources

  • SRCForm Agency: Courts Service of Ireland
  • SRCForm Number: 96C.12
  • SRCRelevant Legislation: Criminal Justice (Miscellaneous Provisions) Act 2023
  • SRCSpecific Section Addressed: Section 28 and Section 29
  • SRCNot confirmed in official source: The exact required court jurisdiction (District vs Circuit)
  • SRCNot confirmed in official source: Whether the form must be submitted via a specific online portal or physically.

Common confusion points

Confusing 'Vary' with 'Discharge': Vary means changing terms; Discharge means ending the order entirely.

Not knowing what 'Ex Parte' means: It simply means you are applying on your own behalf first.

Thinking this form applies to all criminal matters: No, it must relate to an existing Section 28 Interim Order.

Mistaking the Act: Ensure the reference is the *Criminal Justice (Miscellaneous Provisions) Act 2023* and not another related statute.

Not knowing who the 'other party' is in your case.

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