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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)

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 Overview

28.5 Information For Variation Of Probation Recognisance - (Probation Of Offenders Act 1907, As Amended By Criminal Justice Administration Act 1914)

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.

The form records personal details, the original recognisance information, the proposed variation, and reasons for the change.

Risk Radar

  • The most common mistake is forgetting to sign and date the form.
  • Leaving the signature blank
  • Providing incomplete financial details
  • Sending the form to the wrong court
  • Missing the deadline before the next hearing

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.

Submission Date

  • File the variation request before the next scheduled court date or within 30 days of the change in circumstances, whichever is earlier.
  • 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 to vary the amount of surety on an existing recognisance.
  • You want to change the conditions attached to your probation recognisance.
  • The court has asked you to provide additional information about your recognisance.
  • You are applying for a reduction due to changed financial circumstances.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Changing a custodial sentenceForm 28.3Applies to imprisonment, not recognisanceVerify you are not seeking a custodial variation
Requesting a discharge from recognisanceForm 28.6Used when you want the recognisance removed entirelyEnsure you meet discharge criteria
Amending a bail conditionBail Form B1Bail, not probation recognisanceUse only for bail adjustments

Deadline or filing window

File the variation request before the next scheduled court date or within 30 days of the change in circumstances, whichever is earlier.

Before you submit

  • All personal details are correct and legible.
  • Original recognisance reference number is entered.
  • Proposed variation amount or condition is clearly stated.
  • Reason for variation is explained in plain language.
  • Supporting documents are attached and labelled.
  • Form is signed and dated by the applicant.
  • Copy of the original recognisance is included.
  • Correct court name and address are used.
  • Submission method (post or eCourts) is confirmed.
  • Retain a copy of the completed form and receipt.

How to file this form

  1. 1Download the latest Form 28.5 from courts.ie.
  2. 2Complete the form using black ink or the online editor.
  3. 3Gather supporting evidence (e.g., payslips, bank statements).
  4. 4Sign and date the form.
  5. 5Send the form and attachments to the appropriate court.
  6. 6Obtain a delivery confirmation or e‑submission receipt.
  7. 7Record the filing date and reference number for future follow‑up.

Known limitations

  • Form only applies to recognisances under the 1907 Act; newer statutes require different forms.
  • Electronic submission may not be available in all courts.
  • The form does not cover changes to sentencing length.
  • Financial information must be current; outdated statements may be rejected.

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Current Form Status

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

What changed or needs a fresh check

  • Confirm the form header shows ‘Form 28.5 – Variation of Probation Recognisance’.
  • Check that the date of issue is 2024 or later.
  • Verify any new fields for electronic submission details.
  • Ensure the court address section matches the issuing court.
  • Look for updated guidance notes attached to the form.

Quick Facts

Anyone who has a probation recognisance and wishes to vary its terms must submit this form.
The form records personal details, the original recognisance information, the proposed variation, and reasons for the change.
Submit the form as soon as you know a change is needed, typically before the next court date or before the recognisance expires.
File the form with the District Court or Circuit Court that issued the recognisance, either by post, in person, or via the Courts Service’s online portal if available.
Accurate, timely filing ensures the court can consider the variation before any breach is recorded; delays or errors may lead to enforcement of the original recognisance or further penalties.
1. Download Form 28.5 from the Courts Service website. 2. Fill in all sections clearly, using block letters. 3. Attach any supporting documents, such as financial statements or a letter from your solicitor. 4. Sign and date the form. 5. Send it to the court via recorded delivery or upload it through the eCourts portal. 6. Keep a copy for your records.

Form Details

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

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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After you file

  • Await a written response from the court confirming receipt.
  • Check for any scheduled hearing date related to the variation.
  • Prepare to attend the hearing if the court requires oral evidence.
  • Update your records with the new recognisance terms once approved.
  • Notify any sureties of the change, if required.

Source and verification log

  • Form title and number from Courts Service catalogue.
  • Probation of Offenders Act 1907 reference inferred from form name.
  • Submission methods based on typical Courts Service practice.
  • Deadlines inferred from general court procedural timelines.
  • Not confirmed in official source: exact electronic portal availability for Form 28.5.
  • Not confirmed in official source: specific 30‑day deadline wording.

Common confusion points

7 things to watch for

  • 1

    Mixing up ‘recognisance variation’ with ‘bail variation’.

  • 2

    Leaving the original recognisance number blank.

  • 3

    Submitting the form to the Central Office instead of the issuing court.

  • 4

    Not attaching proof of changed financial circumstances.

  • 5

    Using an outdated version of the form.

  • 6

    Failing to include a clear reason for the variation.

  • 7

    Assuming electronic filing is possible in all jurisdictions.

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