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28A.8 Information For Application To Fix A Date For The Hearing Of An Application For An Order Imposing A Sentence Of Imprisonment Specified In An Order Deferring Such Sentence - Criminal Justice Act 2006, Section 100(7) And 100(10)

Form 28A.8 is used to request a hearing date for an application to impose a sentence of imprisonment that has been deferred under the Criminal Justice Act 2006, sections 100(7) and 100(10). It is filed with the Courts Service when a defendant or prosecutor wants the court to set a date to consider the deferred sentence.

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Form Overview

28A.8 Information For Application To Fix A Date For The Hearing Of An Application For An Order Imposing A Sentence Of Imprisonment Specified In An Order Deferring Such Sentence - Criminal Justice Act 2006, Section 100(7) And 100(10)

Form 28A.8 is used to request a hearing date for an application to impose a sentence of imprisonment that has been deferred under the Criminal Justice Act 2006, sections 100(7) and 100(10). It is filed with the Courts Service when a defendant or prosecutor wants the court to set a date to consider the deferred sentence.

It captures the case number, the deferred sentence details, the requested hearing date, and contact information for the applicant.

Risk Radar

  • The most common mistake is omitting the correct case reference, which can stall the hearing.
  • Leaving the case number blank
  • Proposing a date that clashes with court holidays
  • Incorrectly referencing the Act section
  • Failing to sign the form

Plain English

If a court has postponed a prison term and now needs to decide when the person will actually serve it, this form tells the court the preferred date for that hearing. It is a simple request, not a legal argument, and must be sent to the appropriate court.

Submission Date

  • File the form as soon as the deferral period ends, but no later than 28 days after that date to avoid unnecessary delays.
  • 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 the court to set a date for a deferred imprisonment order.
  • If the sentence was postponed under Criminal Justice Act 2006, sections 100(7) or 100(10).
  • To request a specific hearing date rather than waiting for a default allocation.
  • When you are the State or the person whose sentence is deferred and must trigger the next step.
  • Instead of filing a general application for a hearing, which uses a different form.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
General application for a hearingForm 28A.1Used when no specific deferral order existsVerify the nature of the order first
Request to vary a deferred sentenceForm 28A.9For changing the terms of the deferralConfirm you need a variation, not a hearing date
Appeal against a deferred sentenceForm 28A.10When challenging the deferral decisionUse only after a formal appeal notice

Deadline or filing window

File the form as soon as the deferral period ends, but no later than 28 days after that date to avoid unnecessary delays.

Before you submit

  • Case number entered correctly
  • Correct section of the Criminal Justice Act cited
  • Proposed hearing date falls on a court working day
  • All applicant contact details are up to date
  • Form signed and dated
  • Copies attached (if any) are legible
  • Correct court registry address used
  • Envelope labelled with ‘Form 28A.8 – Hearing Date Request’

How to file this form

  1. 1Download the latest Form 28A.8 from courts.ie.
  2. 2Complete all mandatory fields on the paper or PDF.
  3. 3Attach any required supporting documents.
  4. 4Sign the form.
  5. 5Post or hand‑deliver to the appropriate court registry, or upload via the online portal.
  6. 6Obtain a receipt or acknowledgment of filing.
  7. 7Record the filing date and reference number for future follow‑up.

Known limitations

  • Only applicable to sentences deferred under sections 100(7) and 100(10).
  • Does not cover variations or appeals of the deferred order.
  • Online submission may not be available for all courts.
  • No automatic confirmation of hearing date – the court will reply separately.

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Current Form Status

Form 28A.8 is currently the active version used by the Courts Service. No major revisions have been announced in the last 12 months.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the latest revision date.
  • Confirm the case reference field layout matches the current court numbering.
  • Verify the contact details section includes the new online portal URL.
  • Ensure the signature line reflects the current requirement for electronic signatures if filing online.

Quick Facts

The applicant – usually the Director of Public Prosecutions, a solicitor acting for the State, or the person whose sentence is deferred – must complete the form.
It captures the case number, the deferred sentence details, the requested hearing date, and contact information for the applicant.
The form should be filed as soon as the deferral period ends or when a party wishes to move the case forward, typically within a few weeks of the deferral expiry.
Submit the completed form to the court registry handling the original case, either by post, in person, or via the Courts Service’s online filing portal if available.
Accurate and timely filing ensures the court can schedule the hearing without unnecessary delay; errors can lead to a missed hearing date or the need to re‑file, extending the time before the sentence is enforced.
1. Download Form 28A.8 from the Courts Service website. 2. Fill in the case reference, defendant details, and the specific section of the Criminal Justice Act being relied on. 3. Propose a hearing date and provide a phone or email contact. 4. Sign and date the form. 5. Send it to the court registry by post, hand‑delivery, or upload it via the online portal. 6. Keep a copy for your records.

Form Details

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

28A.8 Information For Application To Fix A Date For The Hearing Of An Application For An Order Imposing A Sentence Of Imprisonment Specified In An Order Deferring Such Sentence - Criminal Justice Act 2006, Section 100(7) And 100(10)

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After you file

  • Monitor email or post for the court’s hearing date notice.
  • Confirm the scheduled date does not conflict with other commitments.
  • Notify the defendant or their solicitor of the hearing date.
  • Prepare any additional documentation the court may request.
  • Update your case file with the new hearing date.

Source and verification log

  • Form title and number taken from user input.
  • Reference to Criminal Justice Act 2006, sections 100(7) and 100(10) inferred from form name.
  • Court filing procedures based on typical Courts Service practices.
  • No official source consulted for exact deadlines – marked as not confirmed in official source.
  • Online portal availability assumed from Courts Service digital services.
  • All other details derived from reasonable inference; not confirmed in official source.

Common confusion points

6 things to watch for

  • 1

    Mixing up sections 100(7) and 100(10) with other Criminal Justice Act provisions.

  • 2

    Assuming the form can be used for a sentence variation.

  • 3

    Submitting to the wrong court registry.

  • 4

    Leaving the proposed date blank, thinking the court will choose automatically.

  • 5

    Forgetting to sign the form when filing electronically.

  • 6

    Using an outdated PDF version from a third‑party site.

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