No. 41  Court of Appeal - Military - Notice of Application by Appellant for Suspension of the Operation of a Custodial Sentence Pending Appeal

What this form is for

• • Use when you want a custodial sentence suspended pending a military appeal.
• • Do not use for civil or criminal (non‑military) appeals.
• • If the sentence is already being served, you still need this form to request a suspension.
• • If you are applying for bail instead of suspension, a different form is required.
• • Use only after you have lodged a formal notice of appeal.

Use this form or another form?

Deadline or filing window

The notice must be filed before the custodial sentence is enforced, typically within 7 days of the appeal notice, but check the specific court direction.

Before you submit

• • Form completed in full, no blank fields.
• • All signatures present and dated.
• • Correct appellant name and service number.
• • Accurate case reference and sentence details.
• • Notice of appeal attached.
• • Any medical or humanitarian evidence attached (if relevant).
• • Printed on A4 paper, legible.
• • Envelope addressed to the Military Court of Appeal registry.
• • Postage paid with recorded delivery or hand‑delivered.
• • Copy retained for your records.

How to file this form

1. 1Download the latest Form No. 41 from courts.ie.
2. 2Print and fill in the form using black ink or type directly.
3. 3Sign the declaration section.
4. 4Attach a copy of the notice of appeal and any supporting documents.
5. 5Place the documents in a labelled envelope.
6. 6Send by recorded delivery to the Military Court of Appeal, Dublin.
7. 7Keep the delivery receipt and a copy of the whole packet.

Known limitations

• • Form is only for military court appeals; not valid for civilian courts.
• • Electronic filing may not be available for all military cases.
• • No provision for online payment – submission is free of charge.
• • The form does not itself grant suspension; the court decides after review.