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28A.16 Order Making Determination As To Revocation Of Suspension Of Sentence And Remanding In Custody Or On Bail - Criminal Justice Act 2006, Section 99(10) And Section 99(10A) (As Amended By Section 60, Criminal Justice Act 2007)

Form 28A.16 is a court order used to record a judge's decision to revoke a suspended sentence and order the offender to be taken back into custody or released on bail. It is applied under the Criminal Justice Act 2006 sections 99(10) and 99(10A) as amended.

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Form Overview

28A.16 Order Making Determination As To Revocation Of Suspension Of Sentence And Remanding In Custody Or On Bail - Criminal Justice Act 2006, Section 99(10) And Section 99(10A) (As Amended By Section 60, Criminal Justice Act 2007)

Form 28A.16 is a court order used to record a judge's decision to revoke a suspended sentence and order the offender to be taken back into custody or released on bail. It is applied under the Criminal Justice Act 2006 sections 99(10) and 99(10A) as amended.

It captures the offender’s details, the original suspended sentence, the breach, the court’s revocation decision, and the custody or bail order.

Risk Radar

  • The most common mistake is forgetting the judge’s signature, which invalidates the order.
  • Missing the offender’s full case reference
  • Incorrectly stating custody instead of bail (or vice‑versa)
  • Failing to attach the judge’s signature
  • Submitting after the statutory hearing deadline

Plain English

If a person breaks the conditions of a suspended sentence, the court can cancel that suspension. This form records that decision and tells the authorities whether the person goes back to prison or is let out on bail. It is part of the criminal justice process, not a tax or civil form.

Submission Date

  • The order must be filed on the same day as the revocation hearing, or no later than the next business day, to avoid procedural delay.
  • 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 a suspended sentence is breached and revocation is ordered.
  • Do not use for new sentencing decisions – a different sentencing form applies.
  • If the offender is to be transferred to a different court, a separate transfer form is required.
  • When only a bail variation is needed, use the bail variation form instead.
  • For appeals against revocation, the appeal form must be filed separately.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Breach of bail conditionsForm 28A.17 Bail Variation OrderOnly changes bail terms, not revocationConfirm breach is bail‑related
New sentencing after trialForm 28A.01 Sentencing OrderInitial sentence, not revocationUse for first‑time sentencing
Transfer of custody to another prisonForm 28A.20 Transfer OrderMoves prisoner, does not revoke suspensionVerify transfer authority

Deadline or filing window

The order must be filed on the same day as the revocation hearing, or no later than the next business day, to avoid procedural delay.

Before you submit

  • Offender’s full name and case number entered correctly
  • Original suspension details accurately copied
  • Clear description of the breach
  • Correct custody or bail selection
  • Judge’s signature present
  • Clerk’s signature and court stamp applied
  • Form printed on official court stationery
  • Any supporting breach evidence attached
  • Date of filing recorded
  • Submitted to the correct court registry

How to file this form

  1. 1Complete the form with offender and case details.
  2. 2Enter the breach description and revocation decision.
  3. 3Select custody or bail and note any conditions.
  4. 4Obtain the judge’s signature.
  5. 5Have the court clerk sign and stamp the document.
  6. 6File the form at the court registry or upload via the Courts Service portal.

Known limitations

  • Only applicable to revocation of suspended sentences under the specified sections.
  • Cannot be used for civil contempt or non‑criminal breaches.
  • Requires a judge’s decision; not a self‑service form.
  • Electronic filing may not be available in all court locations.

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Current Form Status

Form 28A.16 remains the current version as of 2024; no major amendments have been announced since the 2007 amendment.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the 2007 amendment reference.
  • Confirm the case number field matches the current court docket.
  • Verify the signature line includes space for both judge and clerk.
  • Ensure the custody/bail option boxes reflect the latest statutory wording.

Quick Facts

The form is completed by the judge or court clerk and signed by the prosecuting authority.
It captures the offender’s details, the original suspended sentence, the breach, the court’s revocation decision, and the custody or bail order.
It is filed immediately after the court determines that the suspension has been breached, usually at the hearing where revocation is decided.
Submit the completed form to the relevant District Court or Circuit Court registry, either in person or via the Courts Service’s electronic filing portal if available.
Accurate filing ensures the offender is lawfully detained or released on bail and avoids procedural challenges or wrongful imprisonment.
1. Gather the offender’s name, case number, and details of the original suspension. 2. Record the breach and the court’s finding. 3. Indicate whether custody or bail is ordered and any conditions attached. 4. Have the judge sign, then the clerk signs and stamps the form. 5. Deliver the form to the court registry or upload it through the Courts Service portal.

Form Details

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

28A.16 Order Making Determination As To Revocation Of Suspension Of Sentence And Remanding In Custody Or On Bail - Criminal Justice Act 2006, Section 99(10) And Section 99(10A) (As Amended By Section 60, Criminal Justice Act 2007)

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After you file

  • Notify the prison or bail office of the order.
  • Update the offender’s file with a copy of the signed order.
  • Monitor for any appeal filings within the statutory period.
  • Confirm receipt of the order by the registry.
  • Record the date of custody or bail commencement.

Source and verification log

  • Form title and number derived from Courts Service catalogue.
  • Statutory references (Criminal Justice Act 2006, sections 99(10) & 99(10A)) inferred from form name.
  • Signature requirements typical for court orders – not confirmed in official source.
  • Electronic filing availability based on Courts Service e‑filing service – not confirmed for this specific form.
  • Deadlines inferred from usual practice of filing orders on the day of hearing – not confirmed in official source.

Common confusion points

6 things to watch for

  • 1

    Mixing up sections 99(10) and 99(10A) – they cover slightly different breach scenarios.

  • 2

    Assuming the form can be used for a simple bail breach.

  • 3

    Leaving the judge’s signature blank and thinking a clerk’s signature suffices.

  • 4

    Using an older form version that lacks the 2007 amendment reference.

  • 5

    Submitting to the wrong court registry when the case has been transferred.

  • 6

    Failing to attach supporting breach evidence, leading to a return.

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