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27.9 Order Of Estreatment / Forfeiture Of Bail Moneys - Bail Act 1997 Section 9(9) (Inserted By Criminal Justice (Miscellaneous Provisions) Act 2009, Section 48)

Form 27.9 is an Order of Estreatment or Forfeiture of Bail Moneys under Section 9(9) of the Bail Act 1997 (as amended by the Criminal Justice (Miscellaneous Provisions) Act 2009). It is used when a court decides to keep or forfeit bail money that was paid by a defendant.

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Form Overview

27.9 Order Of Estreatment / Forfeiture Of Bail Moneys - Bail Act 1997 Section 9(9) (Inserted By Criminal Justice (Miscellaneous Provisions) Act 2009, Section 48)

Form 27.9 is an Order of Estreatment or Forfeiture of Bail Moneys under Section 9(9) of the Bail Act 1997 (as amended by the Criminal Justice (Miscellaneous Provisions) Act 2009). It is used when a court decides to keep or forfeit bail money that was paid by a defendant.

It captures the case reference, the amount of bail, the reason for estreatment or forfeiture, and the date of the order.

Risk Radar

  • The most common mistake is forgetting the judge’s signature, which invalidates the order.
  • Incorrect case reference number
  • Wrong bail amount entered
  • Missing judge’s signature
  • Submitting to the wrong court registry

Plain English

If a judge decides that bail money should not be returned – for example because the accused failed to appear or breached bail conditions – the court issues this order. The form records the decision and the amount to be kept.

Submission Date

  • The order should be filed within a few days of the court’s decision, and any notice to the bail payer must be given within 14 days of filing.
  • 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 when bail money is to be kept permanently under Section 9(9).
  • Use after a court hearing where the defendant breached bail conditions.
  • Do not use for partial returns – a different bail return form applies.
  • Use only for criminal cases that involve bail under the Bail Act 1997.
  • If the court orders a different sanction (e.g., a fine), another form is required.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Partial return of bailForm 27.8For returning part of the bail amountVerify the amount to be returned first
Application to vary bail conditionsForm 27.5To change bail terms before forfeitureEnsure the application is approved before using 27.9
Dispute of bail forfeitureNot a form, written objectionTo contest the orderSubmit objection within 14 days of the order

Deadline or filing window

The order should be filed within a few days of the court’s decision, and any notice to the bail payer must be given within 14 days of filing.

Before you submit

  • Case number matches the court docket.
  • Bail amount matches the original bail receipt.
  • Reason for forfeiture correctly cited under Section 9(9).
  • Judge’s signature and date are present.
  • Form is signed by the court clerk.
  • Copy retained for court records.
  • Correct court registry address used.
  • If posting, use recorded delivery.
  • If emailing, attach as PDF and include case reference in the subject line.

How to file this form

  1. 1Gather the original bail receipt and court hearing transcript.
  2. 2Complete the form fields accurately.
  3. 3Obtain the presiding judge’s signature.
  4. 4Have the court clerk sign and date the form.
  5. 5Submit the form to the court registry (in person or by post).
  6. 6Send a written notice of the forfeiture to the bail payer.

Known limitations

  • Form only applies to full forfeiture under Section 9(9).
  • Not valid for civil bail matters.
  • Does not cover restitution of any remaining balance.
  • Electronic submission may not be available in all courts.

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Current Form Status

Form 27.9 is currently the accepted version for estreatment or forfeiture orders. No recent amendments have been published as of 2024.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the 2009 amendment reference.
  • Confirm the court name field matches current court registry naming conventions.
  • Verify the signature block includes space for the presiding judge’s signature and date.
  • Ensure the reason code list reflects the latest statutory grounds.

Quick Facts

The form is completed by the court clerk or a designated court officer on behalf of the court.
It captures the case reference, the amount of bail, the reason for estreatment or forfeiture, and the date of the order.
It must be filed as soon as the court makes the estreatment or forfeiture decision, usually within a few days of the hearing.
The completed form is lodged with the court registry where the case is being heard, either in person or by post. Some courts may accept electronic submission via the Courts Service portal.
Accurate filing ensures the bail money is correctly dealt with and prevents disputes or delays in returning any balance to the defendant.
1. Locate the case file and note the bail amount and reason for forfeiture. 2. Fill in the court name, case number, bail amount, and the statutory grounds under Section 9(9). 3. Have the presiding judge sign the order. 4. Submit the form to the court registry and keep a copy for your records. 5. Notify the bail payer of the outcome as required by court practice.

Form Details

Agency
Courts Service of Ireland
Revision Date
21/10/25

27.9 Order Of Estreatment / Forfeiture Of Bail Moneys - Bail Act 1997 Section 9(9) (Inserted By Criminal Justice (Miscellaneous Provisions) Act 2009, Section 48)

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After you file

  • File a copy of the signed order in the case file.
  • Record the forfeiture in the court’s financial ledger.
  • Notify the bail payer of the decision and any appeal rights.
  • Update the bail bond record to show the amount forfeited.
  • Monitor for any appeals or objections within the statutory period.

Source and verification log

  • Form title and number taken from Courts Service of Ireland listings.
  • Statutory reference (Bail Act 1997 s.9(9) and Criminal Justice (Miscellaneous Provisions) Act 2009 s.48) inferred from form name.
  • Typical filing procedure based on standard court practice in Ireland.
  • Not confirmed in official source: exact submission portal availability for Form 27.9.
  • Not confirmed in official source: specific deadline of “few days” after decision.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 27.9 with the bail return form (Form 27.8).

  • 2

    Leaving the reason for forfeiture blank or using the wrong statutory reference.

  • 3

    Submitting to the wrong court registry, especially for cases transferred between courts.

  • 4

    Failing to attach the judge’s written order alongside the form.

  • 5

    Assuming an electronic copy alone is sufficient without a hard‑copy filing.

  • 6

    Not informing the bail payer within the required time frame.

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