Form 28.5 is used to apply for a variation of a probation recognisance under the Probation of Offenders Act 1907 (as amended). It is filed when a person on probation wants the terms of their recognisance changed, such as the amount of surety or conditions.
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Form 28.5 is used to apply for a variation of a probation recognisance under the Probation of Offenders Act 1907 (as amended). It is filed when a person on probation wants the terms of their recognisance changed, such as the amount of surety or conditions.
Plain English
If you’re on probation and need the court to change the amount of money you promised to pay or the conditions you must follow, you fill out this form. It tells the court why you need a change and what you’re proposing. The form goes to the court that issued your original recognisance.
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| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Changing a custodial sentence | Form 28.3 | Applies to imprisonment, not recognisance | Verify you are not seeking a custodial variation |
| Requesting a discharge from recognisance | Form 28.6 | Used when you want the recognisance removed entirely | Ensure you meet discharge criteria |
| Amending a bail condition | Bail Form B1 | Bail, not probation recognisance | Use only for bail adjustments |
File the variation request before the next scheduled court date or within 30 days of the change in circumstances, whichever is earlier.
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Form 28.5 is the current version as of 2024. No major revisions have been announced, but check the Courts Service site for updates before filing.
Agency: Courts Service of Ireland
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28.5 Information For Variation Of Probation Recognisance - (Probation Of Offenders Act 1907, As Amended By Criminal Justice Administration Act 1914)
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7 things to watch for
Mixing up ‘recognisance variation’ with ‘bail variation’.
Leaving the original recognisance number blank.
Submitting the form to the Central Office instead of the issuing court.
Not attaching proof of changed financial circumstances.
Using an outdated version of the form.
Failing to include a clear reason for the variation.
Assuming electronic filing is possible in all jurisdictions.
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