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17.12B Warrant To Arrest - Criminal Justice (Drug Trafficking) Act 1996, Section 4(1) (As Substituted By The Criminal Justice (Amendment) Act 2009, Section 22)

Form 17.12B is a Warrant to Arrest under the Criminal Justice (Drug Trafficking) Act 1996, as amended in 2009. It is used by a court or authorised officer to authorise the arrest of a person suspected of drug‑trafficking offences.

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Form Overview

17.12B Warrant To Arrest - Criminal Justice (Drug Trafficking) Act 1996, Section 4(1) (As Substituted By The Criminal Justice (Amendment) Act 2009, Section 22)

Form 17.12B is a Warrant to Arrest under the Criminal Justice (Drug Trafficking) Act 1996, as amended in 2009. It is used by a court or authorised officer to authorise the arrest of a person suspected of drug‑trafficking offences.

The form records the name of the person to be arrested, the specific offence, the statutory provision, and any conditions attached to the arrest.

Risk Radar

  • The most common mistake is forgetting the judge’s signature, which invalidates the warrant.
  • Incorrect name or address of the suspect
  • Wrong statutory citation
  • Missing judge’s signature
  • Submitting to the wrong court

Plain English

Think of this as the official paper that lets police take someone into custody for a drug‑trafficking charge. A judge signs it, and it tells the police exactly who can be arrested and why. It only applies to serious drug‑related crimes covered by the 1996 Act.

Submission Date

  • The warrant must be issued before the police act; there is no fixed calendar deadline but it should be completed as soon as the court orders arrest.
  • 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 a court‑authorised arrest for a drug‑trafficking offence.
  • If the suspect is not in custody and police need legal authority to detain them.
  • When the offence falls under the Criminal Justice (Drug Trafficking) Act 1996.
  • Instead of a standard arrest warrant for non‑drug crimes.
  • When the court has expressly ordered arrest under Section 4(1).

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Suspect already in custodyForm 17.12A (Detention Order)Used to extend detention, not to arrestVerify current custody status first
Non‑drug serious offenceStandard Arrest Warrant (Form 17.12)Covers other crimesCheck the offence legislation
Emergency arrest without court orderGarda Emergency Arrest FormNo court involvement neededUse only in urgent, life‑threatening situations

Deadline or filing window

The warrant must be issued before the police act; there is no fixed calendar deadline but it should be completed as soon as the court orders arrest.

Before you submit

  • Full legal name and address of the suspect entered correctly.
  • Exact offence description and statutory citation included.
  • Judge’s signature and date present.
  • Correct court name and docket number filled in.
  • Copy prepared for the Gardaí.
  • Original retained in the court file.
  • Form signed on the correct paper size (A4).
  • No stray marks or alterations.

How to file this form

  1. 1Complete the suspect and offence details on the form.
  2. 2Present the draft to the judge for review.
  3. 3Obtain the judge’s signature and date.
  4. 4Submit the original to the court clerk for filing.
  5. 5Send a certified copy to the Gardaí via the Courts Service portal or post.
  6. 6Record the warrant number and filing date in the case file.

Known limitations

  • Only applies to offences under the 1996 Drug Trafficking Act.
  • Cannot be used for summary offences or minor drug possession.
  • Requires a judge’s authority; police cannot issue it themselves.
  • Electronic submission may be limited to courts with portal access.

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Current Form Status

The form is current as of the 2009 amendment; no further changes have been published publicly.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the statutory reference reflects the 2009 amendment.
  • Check that the judge’s printed name and signature block match the latest court format.
  • Verify the court name and address are up‑to‑date.
  • Ensure any new electronic submission requirements from the Courts Service portal are met.

Quick Facts

A judge or a senior magistrate issues the warrant; the police are the ones who execute it.
The form records the name of the person to be arrested, the specific offence, the statutory provision, and any conditions attached to the arrest.
It is completed after a charge is laid and the court decides arrest is necessary, usually before the first court appearance or when a suspect is at large.
The warrant is filed with the Central Criminal Court or the relevant District Court and a copy is sent to the Gardaí via the Courts Service portal or by post.
A correct warrant gives police legal authority to arrest; errors can make the arrest unlawful and may lead to evidence being excluded.
1. Gather the suspect’s full name, address and details of the alleged drug offence. 2. Fill in the statutory reference (Section 4(1) as amended). 3. Have the judge sign and date the form. 4. Submit a copy to the court clerk and forward another copy to the Gardaí. 5. Keep the original in the court file for future reference.

Form Details

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

17.12B Warrant To Arrest - Criminal Justice (Drug Trafficking) Act 1996, Section 4(1) (As Substituted By The Criminal Justice (Amendment) Act 2009, Section 22)

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After you file

  • Confirm receipt of the warrant by the Gardaí.
  • Monitor the arrest and ensure the suspect’s rights are observed.
  • Update the case docket with the arrest date and location.
  • File any police reports that result from the arrest.
  • Notify the prosecutor of the successful execution.

Source and verification log

  • Form title and number taken from user input.
  • Agency identified as Courts Service of Ireland.
  • Statutory references inferred from the Act name.
  • Submission method based on typical Courts Service practice.
  • Not confirmed in official source: electronic portal details.
  • Not confirmed in official source: exact deadline timing.

Common confusion points

7 things to watch for

  • 1

    Mixing up Form 17.12B with the generic arrest warrant (Form 17.12).

  • 2

    Leaving the statutory amendment reference blank.

  • 3

    Assuming a police officer can sign the warrant.

  • 4

    Submitting the form to the wrong district court.

  • 5

    Using an outdated paper template.

  • 6

    Failing to send a copy to the Gardaí promptly.

  • 7

    Believing the warrant can be used for non‑drug crimes.

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