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28.6 Summons For Variation Of A Recognisance - (Probation Of Offenders Act 1907, As Amended By Criminal Justice Administration Act 1914)

Form 28.6 Summons for Variation of a Recognisance is a court document used to request a change to the terms of a recognisance (a financial guarantee) under the Probation of Offenders Act 1907. It is filed when a person or the State wants to vary the amount, conditions or duration of the recognisance.

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Form Overview

28.6 Summons For Variation Of A Recognisance - (Probation Of Offenders Act 1907, As Amended By Criminal Justice Administration Act 1914)

Form 28.6 Summons for Variation of a Recognisance is a court document used to request a change to the terms of a recognisance (a financial guarantee) under the Probation of Offenders Act 1907. It is filed when a person or the State wants to vary the amount, conditions or duration of the recognisance.

It captures details of the existing recognisance, the specific variation requested, and the reasons for the change.

Risk Radar

  • The most common mistake is forgetting to include the correct court case number.
  • Leaving the case number blank
  • Requesting a variation that exceeds statutory limits
  • Failing to attach supporting documents
  • Submitting to the wrong court

Plain English

If you have a recognisance – a cash guarantee you must keep while on probation – and you need the court to alter it, you use this form. It tells the court what you want to change and why. The court then decides whether to approve the variation.

Submission Date

  • File the variation request before the next scheduled court date or within 28 days of the change in circumstances that prompted the request.
  • 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

  • When you need to increase or decrease the recognisance amount
  • When you want to change the duration of the recognisance
  • When you wish to add or remove conditions attached to the recognisance
  • When the court orders a variation after a change in circumstances

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Change of name or addressForm 28.5 Variation of Recognisance DetailsOnly updates personal details, not amountVerify you only need a detail update
Appeal against recognisance decisionForm 28.7 Appeal NoticeDifferent procedure, higher court involvementConfirm you are appealing, not varying
Request for early discharge from recognisanceForm 28.8 Discharge ApplicationSeeks termination, not variationEnsure you meet discharge criteria

Deadline or filing window

File the variation request before the next scheduled court date or within 28 days of the change in circumstances that prompted the request.

Before you submit

  • Case number entered correctly
  • All personal details match the original recognisance
  • Requested variation clearly described
  • Reason for variation concise and supported
  • Signature and date included
  • Supporting documents attached
  • Form printed legibly or PDF clear
  • Correct court address used
  • Copy retained for personal records
  • Submission receipt obtained (e‑filing confirmation or postal receipt)

How to file this form

  1. 1Download Form 28.6 from courts.ie
  2. 2Complete all sections in black ink or typed PDF
  3. 3Gather supporting evidence (e.g., payslips, bank statements)
  4. 4Sign and date the form
  5. 5Submit in person, by post, or upload via the e‑filing portal
  6. 6Obtain acknowledgment of receipt
  7. 7Monitor court communications for any further instructions

Known limitations

  • Form cannot be used to cancel a recognisance entirely
  • Only courts that issued the original recognisance accept the form
  • Electronic submission may not be available in all districts
  • No provision for online payment of any associated fees

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Current Form Status

Form 28.6 is currently the up‑to‑date version used by all Irish courts. No major amendments have been announced in the last year.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the latest amendment year
  • Confirm the court name field matches the issuing court
  • Verify the signature line includes space for both defendant and solicitor if represented
  • Ensure any referenced statutes are up to date (Probation of Offenders Act 1907, CJAA 1914)

Quick Facts

The person bound by the recognisance, their solicitor, or the Director of Public Prosecutions may file this form.
It captures details of the existing recognisance, the specific variation requested, and the reasons for the change.
File the form as soon as the need for a variation arises, typically before the next court hearing or before the recognisance expires.
Submit the completed form to the Circuit Court or District Court that issued the original recognisance, either in person, by post, or via the Courts Service e-filing portal where available.
Accurate filing ensures the court can consider the variation promptly; errors or delays can result in the original recognisance remaining in force, potentially leading to breach consequences.
1. Download Form 28.6 from the Courts Service website. 2. Fill in the case number, personal details, and current recognisance terms. 3. Clearly state the new amount or condition you seek and give a concise justification. 4. Sign and date the form, and attach any supporting evidence (e.g., financial statements). 5. Submit to the appropriate court office or upload via the e‑filing portal, keeping a copy for your records.

Form Details

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

28.6 Summons For Variation Of A Recognisance - (Probation Of Offenders Act 1907, As Amended By Criminal Justice Administration Act 1914)

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After you file

  • Keep the acknowledgment receipt safe
  • Watch for a court date or written decision
  • If the variation is granted, obtain a certified copy of the new recognisance order
  • Update any relevant parties (e.g., probation officer, employer)
  • If denied, consider seeking legal advice on next steps

Source and verification log

  • Form title and number from Courts Service catalogue
  • Statutory references inferred from form name
  • Submission methods based on general Courts Service e‑filing practice
  • Deadline guidance inferred from typical court procedural timelines
  • Not confirmed in official source for exact filing deadline
  • Not confirmed in official source for electronic submission availability in all districts

Common confusion points

7 things to watch for

  • 1

    Mixing up Form 28.6 (variation) with Form 28.5 (detail update)

  • 2

    Assuming an electronic copy is sufficient without a signature

  • 3

    Submitting to the wrong court jurisdiction

  • 4

    Leaving the reason for variation vague

  • 5

    Forgetting to attach financial evidence when increasing the amount

  • 6

    Not checking the statutory limits for recognisance amounts

  • 7

    Believing the form alone changes the recognisance without a court order

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