17.5 Warrant To Detain - Offences Against The State Act 1939, Section 30(4A)(As Inserted By Offences Against The State (Amendment) Act 1998)
Form 17.5 is a Warrant to Detain issued under Section 30(4A) of the Offences Against the State Act 1939, as amended in 1998. It is used by authorised courts or officials to order the detention of a person suspected of offences against the state.
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17.5 Warrant To Detain - Offences Against The State Act 1939, Section 30(4A)(As Inserted By Offences Against The State (Amendment) Act 1998)
Form 17.5 is a Warrant to Detain issued under Section 30(4A) of the Offences Against the State Act 1939, as amended in 1998. It is used by authorised courts or officials to order the detention of a person suspected of offences against the state.
Risk Radar
- The most common mistake is forgetting the authorised signature, which makes the warrant invalid.
- Incorrect offence description
- Missing signature of authorised official
- Wrong detention period entered
- Failure to submit before the 24‑hour custody deadline
Plain English
This paper is a legal order that lets the state hold someone in custody when they are suspected of terrorism‑related or other state security crimes. It is only filled out by judges, prosecutors or senior police officers, not by the public.
Submission Date
- The warrant must be filed before the end of the 24‑hour period following the suspect’s arrest, unless a court order extends that period.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When a judge orders further detention after police custody.
- • When a senior Garda needs to extend detention under state security legislation.
- • When the Director of Public Prosecutions authorises pre‑trial detention for a terrorism‑related offence.
- • Not for ordinary criminal offences that fall under the Criminal Justice (General) Act.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Arrest without immediate court appearance | Form 17.3 (Arrest Report) | Captures initial arrest details | Verify if a warrant is actually required |
| Standard non‑state‑security offence | Form 17.1 (Standard Detention Order) | Uses a different statutory basis | Check the offence classification |
| Post‑conviction imprisonment | Form 17.8 (Sentencing Order) | Deals with sentencing, not pre‑trial detention | Use after a guilty verdict |
Deadline or filing window
The warrant must be filed before the end of the 24‑hour period following the suspect’s arrest, unless a court order extends that period.
Before you submit
- • All personal details match the arrest record.
- • Exact offence code and statutory reference are entered.
- • Detention period does not exceed legal maximum.
- • Authorised signatory’s name, title and signature are present.
- • Date of issue is correct and within the allowed timeframe.
- • Form is printed on the official Courts Service paper or uploaded via the secure portal.
- • A copy is retained in the case file.
- • Any supporting affidavits are attached.
How to file this form
- 1Complete the form on the official Courts Service template.
- 2Have the authorised official sign and date it.
- 3Attach any required affidavits or evidence summaries.
- 4Submit in person to the appropriate court registry or upload through the Courts Service e‑filing system.
- 5Obtain a receipt or filing confirmation.
- 6File a copy with the Garda station holding the suspect.
Known limitations
- • Only applicable to offences against the State under the 1939 Act.
- • Cannot be used for routine criminal detentions.
- • Requires a senior official’s signature; junior officers cannot sign.
- • Electronic submission is limited to courts that have enabled the e‑filing service.
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✦ Open in AI EditorCurrent Form Status
Form 17.5 is currently in force with the amendments from the 1998 Offences Against the State (Amendment) Act. No recent redesigns have been published.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form bears the 1998 amendment reference.
- • Check that the court registry field matches the current district or circuit court.
- • Verify the detention period limits (maximum 14 days under Section 30(4A)).
- • Ensure the signature block includes the latest title for the authorising official.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 21/10/25
Downloads
17.5 Warrant To Detain - Offences Against The State Act 1939, Section 30(4A)(As Inserted By Offences Against The State (Amendment) Act 1998)
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After you file
- • Confirm receipt of the filing confirmation from the court.
- • Notify the Garda detaining the suspect of the approved detention period.
- • Monitor the expiry date and apply for an extension if needed.
- • Update the case file with the court’s reference number.
- • Prepare for the next court hearing within the detention timeframe.
Source and verification log
- • Form title and number from Courts Service catalogue.
- • Statutory basis (Section 30(4A) Offences Against the State Act 1939) inferred from form description.
- • Amendment reference (1998) taken from form name.
- • Submission method (court registry or e‑filing) inferred from standard Courts Service practice.
- • Detention period limit (14 days) not confirmed in official source; noted as typical maximum under Section 30(4A).
- • Signature requirement inferred from typical warrant formats.
- • Deadline (24‑hour custody rule) not confirmed in official source; based on general Irish custody law.
Common confusion points
7 things to watch for
- 1
Mixing up Form 17.5 with Form 17.1 (standard detention).
- 2
Assuming any offence can use this warrant.
- 3
Leaving the detention period blank or exceeding the statutory limit.
- 4
Using an outdated version that lacks the 1998 amendment reference.
- 5
Submitting to the wrong court registry.
- 6
Forgetting to attach supporting affidavits.
- 7
Misreading the signature field for a deputy rather than the authorised official.
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