32.6 Summons (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)
This form is a summons issued by the Courts Service of Ireland for a breach of recognizance under Section 28(5) of the Misuse of Drugs Act, 1977. It is used when someone who has been granted recognizance has failed to comply with the conditions set by the court.
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32.6 Summons (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)
This form is a summons issued by the Courts Service of Ireland for a breach of recognizance under Section 28(5) of the Misuse of Drugs Act, 1977. It is used when someone who has been granted recognizance has failed to comply with the conditions set by the court.
Risk Radar
- The most common mistake is not providing adequate evidence that the recognizance conditions were actually breached.
- Incorrectly identifying the original recognizance terms
- Failing to provide sufficient evidence of the breach
- Missing the statute of limitations for bringing the breach
- Incorrectly completing defendant details
Plain English
A recognizance is a formal promise made to the court. If someone breaks that promise related to a drugs offense, this form brings them back before the court to face consequences for not following the conditions they agreed to.
Submission Date
- There is typically no specific deadline for filing this form, but it should be filed promptly once a breach of recognizance is identified to avoid potential statute of limitations issues.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
Glossary Terms
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What this form is for
- • Use this form specifically for breaches of recognizance under Section 28(5) of the Misuse of Drugs Act
- • Do not use for breaches of other types of court orders or recognizances
- • Only use when there is evidence that the defendant failed to comply with specific conditions
- • Not applicable for first-time offenses without a prior recognizance
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Breach of bail conditions | Bail application form | Different legal procedures apply | Verify the type of court release granted |
| New drug offense charge | Criminal summons form | For new offenses, not breaches of existing orders | Check if this is a new charge or a breach |
| Failure to attend court | Bench warrant application | Different procedure for failure to appear | Confirm whether defendant missed a court date |
| Breach of probation order | Probation violation form | Applies to probation, not recognizance | Verify the type of court supervision order |
| Civil debt enforcement | Civil summons form | Different legal process entirely | Confirm this is a criminal matter, not civil |
Deadline or filing window
There is typically no specific deadline for filing this form, but it should be filed promptly once a breach of recognizance is identified to avoid potential statute of limitations issues.
Before you submit
- • Verify all defendant identification details are correct
- • Confirm the original recognizance terms and conditions
- • Document specific conditions that were breached
- • Gather evidence supporting the claim of breach
- • Ensure proper service of the summons on the defendant
- • Check court fees and payment methods
- • Confirm the correct court office for submission
How to file this form
- 1Obtain the correct Form 32.6 from the Courts Service
- 2Complete all sections with accurate information about the breach
- 3Gather supporting evidence of the breach
- 4Submit the completed form to the relevant District Court office
- 5Ensure proper service of the summons on the defendant
- 6Attend the scheduled court hearing
- 7Follow up with the court clerk for any additional requirements
Known limitations
- • This form only applies to breaches of recognizance under Section 28(5) of the Misuse of Drugs Act
- • Cannot be used for breaches of other types of court orders
- • Requires evidence that the defendant actually breached the conditions
- • Does not apply to first-time offenses without a prior recognizance
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This form is current and in use as of the last update. No recent changes have been confirmed to the form structure or requirements.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check that the form number matches 32.6
- • Verify the reference to Section 28(5) of the Misuse of Drugs Act
- • Ensure the form is from the Courts Service of Ireland
- • Confirm the form is for breach of recognizance, not other court orders
- • Check for any recent updates to the form format
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- District Court Forms
- Source
- Court Forms ↗
- Revision Date
- 19/10/25
Downloads
32.6 Summons (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)
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After you file
- • Keep a copy of the submitted form for your records
- • Note the court date and time for the hearing
- • Prepare any additional evidence for the court hearing
- • Attend the hearing as scheduled
- • Follow up with the court clerk for the outcome
- • Check if any further action is required based on the court decision
Source and verification log
- • Form number confirmed as 32.6
- • Issuing agency confirmed as Courts Service of Ireland
- • Reference to Misuse of Drugs Act, 1977 Section 28(5) confirmed
- • Form purpose confirmed as for breach of recognizance summons
- • Specific procedures for serving summons not confirmed in official source
- • Statute of limitations details not confirmed in official source
- • Current form version not confirmed in official source
- • Online submission availability not confirmed in official source
Common confusion points
7 things to watch for
- 1
Confusing recognizance with other court orders like bail or probation
- 2
Not understanding what constitutes a valid breach of recognizance
- 3
Uncertainty about which court office to submit the form to
- 4
Confusion about the difference between criminal and civil procedures
- 5
Misunderstanding the legal requirements for serving the summons
- 6
Uncertainty about what evidence is needed to prove the breach
- 7
Confusion about the statute of limitations for bringing a breach
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