17.7 Warrant To Arrest - Offences Against The State Act, 1939 Section 30A(1) (As Substituted By The Criminal Justice Act 2009, Section 21)
Form 17.7 is a Warrant to Arrest issued under the Offences Against the State Act 1939 (as amended by the Criminal Justice Act 2009). It authorises the police or gardaí to detain a named person suspected of a state‑security offence.
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17.7 Warrant To Arrest - Offences Against The State Act, 1939 Section 30A(1) (As Substituted By The Criminal Justice Act 2009, Section 21)
Form 17.7 is a Warrant to Arrest issued under the Offences Against the State Act 1939 (as amended by the Criminal Justice Act 2009). It authorises the police or gardaí to detain a named person suspected of a state‑security offence.
Risk Radar
- The most common mistake is forgetting the judge’s signature, which makes the warrant invalid.
- Incorrect spelling of the suspect's name
- Citing the wrong statutory provision
- Missing judge's signature or court seal
- Submitting to the wrong court registry
Plain English
Think of this as a legal order that lets the gardaí arrest someone for a serious crime against the state. It is filled out by a judge or authorised officer and must be signed before any arrest can happen. The form spells out who is being arrested, why, and under which law.
Submission Date
- There is no fixed filing deadline; the warrant must be issued before the arrest is carried out, typically within a few days of the decision to arrest.
- 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 an arrest is required for an offence against the State under Section 30A(1).
- • When a senior gardaí officer has obtained judicial authorisation.
- • When the suspect is not already in custody.
- • When the offence carries a potential sentence of life imprisonment or severe security implications.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Suspect already in custody | Form 17.5 (Detention Order) | Used to extend detention, not to arrest | Verify current custody status first |
| Minor non‑state offence | Form 17.1 (Standard Arrest Warrant) | Simpler offence, different statutory basis | Check offence classification |
| International extradition request | Form 51 (Extradition Request) | Different legal process | Confirm jurisdiction |
Deadline or filing window
There is no fixed filing deadline; the warrant must be issued before the arrest is carried out, typically within a few days of the decision to arrest.
Before you submit
- • Suspect's full legal name and any aliases entered correctly.
- • Exact offence description matches Section 30A(1).
- • Judge’s signature and court seal are present.
- • Form version shows the 2009 amendment reference.
- • Copy retained for gardaí records.
- • Original submitted to the correct court registry.
- • Reference number recorded on the back of the form.
- • All mandatory fields are filled; no blanks remain.
How to file this form
- 1Complete the form with accurate suspect and offence details.
- 2Obtain the required judicial signature and court seal.
- 3Make a photocopy for the gardaí unit.
- 4Deliver the original to the appropriate District or Circuit Court registry.
- 5Obtain a receipt or docket number from the court clerk.
- 6Inform the designated gardaí unit of the warrant reference.
Known limitations
- • Only applicable to offences under the Offences Against the State Act 1939.
- • Cannot be used for routine traffic or minor criminal arrests.
- • Requires a judge or authorised senior officer; not for lower‑rank officers.
- • Form must be the latest version; older paper copies may be rejected.
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✦ Open in AI EditorCurrent Form Status
Form 17.7 remains the current warrant template; no major redesign has been announced since the 2009 amendment.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form bears the 2009 amendment reference.
- • Check that the court seal field is present.
- • Verify the signature line matches the latest template.
- • Ensure the statutory citation includes the correct section number.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 21/10/25
Downloads
17.7 Warrant To Arrest - Offences Against The State Act, 1939 Section 30A(1) (As Substituted By The Criminal Justice Act 2009, Section 21)
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After you file
- • Confirm the court registry has logged the warrant.
- • Provide the gardaí unit with the warrant copy and reference number.
- • Monitor the execution of the arrest and record the date and time.
- • File any subsequent court documents (e.g., charge sheets) promptly.
- • Retain the original warrant in the case file for future reference.
Source and verification log
- • Form title and number taken from the Courts Service of Ireland catalogue.
- • Statutory reference (Section 30A(1) Offences Against the State Act 1939) confirmed via public legislation records.
- • Amendment by Criminal Justice Act 2009 noted in official legislation summaries.
- • Requirement for judicial signature inferred from typical Irish warrant practice.
- • Not confirmed in official source: exact submission location (District vs. Circuit Court) for each case type.
- • Not confirmed in official source: exact deadline timing; inferred from procedural urgency.
Common confusion points
6 things to watch for
- 1
Mixing up Form 17.7 with the standard arrest warrant (Form 17.1).
- 2
Leaving the statutory citation incomplete or using the wrong year.
- 3
Submitting to the wrong court (District vs. Circuit).
- 4
Failing to include the judge’s official stamp.
- 5
Using an outdated form that lacks the 2009 amendment note.
- 6
Not providing a copy to the gardaí unit before the arrest.
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