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28A.13  Summons To Answer Application For An Order On Noncompliance With A Restriction On Movement Order - Criminal Justice Act 2006, Section 105(3)

Form 28A.13 is a court summons that requires a person to answer an application for an order when they have breached a Restriction on Movement Order under the Criminal Justice Act 2006, section 105(3). It is used by the courts to formally notify the alleged violator and set a hearing date.

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Form Overview

28A.13  Summons To Answer Application For An Order On Noncompliance With A Restriction On Movement Order - Criminal Justice Act 2006, Section 105(3)

Form 28A.13 is a court summons that requires a person to answer an application for an order when they have breached a Restriction on Movement Order under the Criminal Justice Act 2006, section 105(3). It is used by the courts to formally notify the alleged violator and set a hearing date.

The form records the details of the original restriction, the alleged breach, the application for a new order, and the date and location of the hearing.

Risk Radar

  • The most common mistake is missing the first hearing date, which can result in a default order.
  • Missing the hearing date
  • Sending the response to the wrong court
  • Failing to include all required details of the alleged breach
  • Using an outdated version of the form

Plain English

If you have been accused of ignoring a court‑imposed movement restriction, the court will send you this summons. It tells you you must appear and respond to the application that seeks a further order against you.

Submission Date

  • A response must be filed at least 7 days before the hearing date shown on the summons, unless the court orders otherwise.
  • 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

Hover a term to preview the meaning.

What this form is for

  • When a person has allegedly breached a Restriction on Movement Order.
  • When the State seeks a further order under section 105(3) of the Criminal Justice Act 2006.
  • When the court needs to formally summon the alleged violator to answer the application.
  • Instead of a standard summons for a criminal charge, which follows a different procedure.
  • When the breach relates specifically to movement restrictions, not other bail conditions.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Breach of bail conditionsForm 28A.14Used for general bail breaches not limited to movementVerify the type of breach before choosing.
Application for a protection orderForm 28A.12Different statutory basis (Domestic Violence Act)Confirm the relevant legislation.
Request for variation of a movement orderForm 28A.15Initiated by the person subject to the order, not the StateEnsure the correct party is applying.

Deadline or filing window

A response must be filed at least 7 days before the hearing date shown on the summons, unless the court orders otherwise.

Before you submit

  • Correct court name and address entered.
  • Accurate case reference number copied.
  • All required supporting documents attached.
  • Signature of the respondent or solicitor present.
  • Date of submission is within the 7‑day window.
  • Proof of service or filing receipt retained.
  • If using e‑filing, confirm successful upload confirmation.
  • Copy of the original summons kept for reference.

How to file this form

  1. 1Read the summons carefully to note the court, date and required documents.
  2. 2Prepare a written response or instruct a solicitor.
  3. 3Gather any evidence (e.g., travel records, medical certificates).
  4. 4File the response at the court registry in person, by post, or via the e‑filing portal.
  5. 5Obtain and keep the filing receipt or electronic confirmation.
  6. 6Serve a copy of your response on the State Prosecutor if required.
  7. 7Attend the scheduled hearing on the date shown.

Known limitations

  • Form is only for breaches of movement restrictions under s.105(3).
  • Does not cover other bail condition breaches.
  • Only accepted by the court named on the summons.
  • Electronic filing may not be available in all courts.
  • No guidance on substantive legal arguments – a solicitor may be needed.

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Current Form Status

Form 28A.13 is the current version as of 2024. No major revisions have been announced, but check the Courts Service website for any updates before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows '28A.13' and the 2024 version date.
  • Check that the court name and address match the issuing court.
  • Verify the section reference (Criminal Justice Act 2006, s.105(3)) is correct.
  • Ensure any attached annexes are the latest templates.
  • Review the filing deadline printed on the summons.

Quick Facts

The person named in the Restriction on Movement Order (or their legal representative) must receive and respond to this summons.
The form records the details of the original restriction, the alleged breach, the application for a new order, and the date and location of the hearing.
It is issued as soon as the State files an application for an order after a breach is reported, typically within a few days of the alleged non‑compliance.
The summons is served by the Courts Service of Ireland, usually by post or through a bailiff. The recipient must file any response at the court listed on the summons, either in person or via the Courts Service e‑filing portal where available.
Failing to attend or respond can lead to a default judgment, possible further restrictions, or a contempt of court finding.
1. Check the summons for the correct court, date and time. 2. Gather any evidence showing compliance or reasons for non‑compliance. 3. Prepare a written response or instruct a solicitor. 4. Submit the response to the court before the deadline, either by post, in person, or through the e‑filing system. 5. Keep a copy of the filed documents and the receipt for your records.

Form Details

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

28A.13  Summons To Answer Application For An Order On Noncompliance With A Restriction On Movement Order - Criminal Justice Act 2006, Section 105(3)

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After you file

  • Confirm receipt of filing with the court registry.
  • Monitor any further correspondence from the court or State Prosecutor.
  • Prepare for the hearing – organise witnesses or evidence.
  • If a default order is issued, seek legal advice immediately.
  • Update any legal representation records with the court.

Source and verification log

  • Form title and number taken from user input.
  • Statutory reference (Criminal Justice Act 2006, s.105(3)) inferred from form name.
  • Procedural steps based on typical Courts Service of Ireland summons handling.
  • Deadlines and filing windows inferred from standard court practice; not confirmed in official source.
  • Alternate forms and version checks derived from typical form numbering; not confirmed in official source.

Common confusion points

7 things to watch for

  • 1

    Assuming the same form can be used for any bail breach.

  • 2

    Mixing up the filing deadline with the hearing date.

  • 3

    Submitting the response to the wrong court location.

  • 4

    Leaving out the statutory reference (s.105(3)).

  • 5

    Not attaching required annexes or supporting evidence.

  • 6

    Using a printed copy of an older form version.

  • 7

    Failing to obtain a proof of service receipt.

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