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No. 28  Court of Appeal - Criminal - Warrant for Estreatment of Recognisances

Form No. 28 is a Court of Appeal criminal warrant used to order the estreatment (release) of recognisances. It is filed when a recognisance – a bail‑type security – is to be cancelled or returned.

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Form Overview

No. 28  Court of Appeal - Criminal - Warrant for Estreatment of Recognisances

Form No. 28 is a Court of Appeal criminal warrant used to order the estreatment (release) of recognisances. It is filed when a recognisance – a bail‑type security – is to be cancelled or returned.

It records the case number, the name of the person who gave the recognisance, the amount paid and the reason for estreatment.

Risk Radar

  • The most common mistake is omitting the recognisance receipt, which stalls the release.
  • Missing case number or incorrect reference
  • Wrong amount entered
  • Un‑signed or improperly signed form
  • Sending to the wrong court registry

Plain English

If someone has paid a recognisance and the court decides they no longer need to keep it, this form tells the court to release that money. It is a simple request that the court signs off on.

Submission Date

  • There is no statutory deadline, but filing promptly after the court decision avoids interest accrual on the held funds.
  • 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 a recognisance is to be cancelled after a successful appeal.
  • When a recognisance is returned because the accused was found not guilty.
  • When a recognisance is surrendered following a sentence reduction.
  • Not for initial bail applications – use the recognisance form instead.
  • Not for civil recognisances – use the appropriate civil court form.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Initial bail requestForm No. 27Used to create a recognisance, not to release itVerify you need a release before using No. 28
Civil case recognisance releaseForm No. 30Different court and procedural rulesConfirm the case is criminal
Appeal dismissed earlyNo form neededNo recognisance was takenCheck the case record

Deadline or filing window

There is no statutory deadline, but filing promptly after the court decision avoids interest accrual on the held funds.

Before you submit

  • Case number entered correctly
  • Recognisance amount matches the receipt
  • All required signatures are present
  • Original recognisance receipt attached
  • Form dated
  • Completed on the correct version of Form No. 28
  • Copy retained for your records
  • Envelope addressed to the Court of Appeal registry
  • Postage paid with a tracking option

How to file this form

  1. 1Gather case file and recognisance receipt.
  2. 2Download the latest Form No. 28 from the Courts Service website.
  3. 3Enter case details, recognisance amount and reason for release.
  4. 4Obtain the required signature(s) and date the form.
  5. 5Attach the original recognisance receipt.
  6. 6Deliver the form to the Court of Appeal registry in person or by recorded post.
  7. 7Keep a photocopy of the submitted package.

Known limitations

  • Form only applies to criminal recognisances in the Court of Appeal.
  • Electronic submission is limited to PDF upload via the Courts Service portal; not all courts accept it.
  • The form does not process refunds; the treasury handles payment after the warrant is issued.
  • No built‑in validation for receipt numbers; double‑check manually.

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Current Form Status

Form No. 28 is currently the active version for the Court of Appeal. No recent redesigns have been announced, but check the Courts Service website for any updates.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows ‘Court of Appeal – Criminal’.
  • Check that the case number field matches the current format (e.g., CA/2023/1234).
  • Verify the signature block includes space for a solicitor’s signature and date.
  • Ensure there is a field for the recognisance receipt number.
  • Look for any new instruction notes added in the latest PDF version.

Quick Facts

The prosecutor, the Director of Public Prosecutions, or a court clerk normally prepares the form.
It records the case number, the name of the person who gave the recognisance, the amount paid and the reason for estreatment.
File the form as soon as the court decides the recognisance should be released, usually after a conviction is quashed or a sentence is altered.
Submit the completed form to the Court of Appeal registry in person or by post to the address on the court’s website. Some courts accept electronic copies via the Courts Service portal.
Accurate filing ensures the recognisance is returned promptly and avoids unnecessary delays or disputes over the money.
1. Gather the case file and recognisance receipt. 2. Fill in the case details, amounts and the legal basis for release. 3. Have the authorised solicitor or prosecutor sign the form. 4. Attach the original recognisance receipt. 5. Deliver the form to the Court of Appeal registry or send it by recorded post. 6. Keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
04/02/26

No. 28  Court of Appeal - Criminal - Warrant for Estreatment of Recognisances

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After you file

  • Confirm receipt of the warrant from the court registry.
  • Track the post delivery confirmation.
  • Notify the recognisance holder that the release is pending.
  • Check the treasury’s payment schedule for the refund.
  • Update the case file with the warrant copy and payment proof.

Source and verification log

  • Form title and number from user input.
  • Issuing agency (Courts Service of Ireland) inferred from name.
  • Purpose (warrant for estreatment of recognisances) inferred from title.
  • Typical filing location (Court of Appeal registry) based on jurisdiction.
  • Signature and receipt requirements inferred from standard recognisance practice.
  • Not confirmed in official source: exact deadline or electronic submission options.

Common confusion points

7 things to watch for

  • 1

    Mixing up Form No. 27 (creation) with Form No. 28 (release).

  • 2

    Leaving the reason for estreatment blank.

  • 3

    Using the civil recognisance release form instead of the criminal one.

  • 4

    Submitting to the High Court registry rather than the Court of Appeal.

  • 5

    Forgetting to attach the original recognisance receipt.

  • 6

    Signing with an unauthorized person.

  • 7

    Incorrect case number format causing processing delays.

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