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31.13 Warrant Authorising Detention Of A Protected Person For A Further Period Not Exceeding 4 Hours For The Purpose Of Having An Intimate Sample Taken From Protected Person;Criminal Justice(Forensic Evidence And DNA Database System)Act 2014,Section 16(7)

Form 31.13 is a warrant that authorises the detention of a protected person for up to four additional hours so a forensic intimate sample can be taken. It is used under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014, Section 16(7).

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Form Overview

31.13 Warrant Authorising Detention Of A Protected Person For A Further Period Not Exceeding 4 Hours For The Purpose Of Having An Intimate Sample Taken From Protected Person;Criminal Justice(Forensic Evidence And DNA Database System)Act 2014,Section 16(7)

Form 31.13 is a warrant that authorises the detention of a protected person for up to four additional hours so a forensic intimate sample can be taken. It is used under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014, Section 16(7).

The form records the protected person's details, the reason for the extra detention, the type of sample required, and the maximum four‑hour period authorised.

Risk Radar

  • The most common mistake is forgetting to sign the form before the extra detention begins.
  • Exceeding the four‑hour limit
  • Missing the protected person's full custodial details
  • Incorrect sample type listed
  • Failing to obtain the judge’s signature before detention starts

Plain English

If a person who is already in police custody needs another short period of detention to have a DNA or other intimate sample taken, a judge must sign this form. The form gives police legal authority to keep the person for no more than four extra hours for that purpose.

Submission Date

  • The warrant must be signed and the detention started within a reasonable time after the request – typically within the same shift – and cannot extend beyond four hours from the time of signing.
  • 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 protected person already in custody needs an intimate forensic sample.
  • When the required detention period will not exceed four hours.
  • When a judge’s authorisation is required under Section 16(7) of the 2014 Act.
  • Instead of a standard arrest warrant, which does not cover additional sampling time.
  • When the police request is documented and a magistrate is available to sign.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Initial DNA sample at arrestForm 31.01Covers first‑time sampling at arrestUse only if no prior sample taken
Detention beyond four hoursForm 31.14Authorises longer detention for complex proceduresMust justify extended time
Non‑protected person sampleForm 31.02For ordinary suspects not classified as protectedDifferent legal basis

Deadline or filing window

The warrant must be signed and the detention started within a reasonable time after the request – typically within the same shift – and cannot extend beyond four hours from the time of signing.

Before you submit

  • Protected person’s full name and custodial reference entered
  • Exact type of intimate sample specified
  • Start time and four‑hour end time clearly written
  • Police officer’s request signature obtained
  • Judge or magistrate’s signature and date present
  • Form printed on official court stationery or uploaded via e‑filing
  • Copy given to the police officer in charge
  • Original lodged with the correct District Court registry

How to file this form

  1. 1Collect all required details from the custody log.
  2. 2Complete the form on paper or in the e‑filing system.
  3. 3Have the requesting police officer sign the request section.
  4. 4Present the form to the judge or magistrate for signature.
  5. 5Provide a signed copy to the police officer.
  6. 6File the original with the District Court registry or upload electronically.

Known limitations

  • Only valid for protected persons as defined by the 2014 Act.
  • Cannot be used to extend detention beyond four hours.
  • Requires a judicial officer’s signature; not a police‑only document.
  • Not applicable for non‑intimate forensic samples.

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Current Form Status

Form 31.13 is currently active and unchanged since the 2014 Act amendment. No recent revisions have been published.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form header still shows ‘Form 31.13 – Warrant Authorising Detention…’
  • Check that the four‑hour time‑limit field is present and unaltered
  • Confirm the judge’s signature block matches the latest template
  • Ensure the police request section includes the new forensic sample codes introduced in 2022

Quick Facts

A judge or authorised magistrate must complete and sign the form, usually at the request of a senior police officer.
The form records the protected person's details, the reason for the extra detention, the type of sample required, and the maximum four‑hour period authorised.
It must be completed immediately before the extra detention period begins and cannot exceed four hours from the time of signing.
The signed form is filed with the relevant District Court registry and a copy is given to the police officer in charge of the detention. Some courts accept electronic submission via the Courts Service e‑filing portal.
Accurate completion ensures the detention is lawful; any error can lead to evidence being excluded or a breach of the person's rights, which may affect the case outcome.
1. Gather the protected person's full name, address and custodial reference. 2. Identify the specific forensic sample required (e.g., cheek swab, blood). 3. Fill in the four‑hour time limit and the exact start time. 4. The requesting police officer signs the request section. 5. Present the form to the judge or magistrate for signature. 6. Return the signed copy to the police officer and lodge the original with the court registry or upload via e‑filing.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/10/25

31.13 Warrant Authorising Detention Of A Protected Person For A Further Period Not Exceeding 4 Hours For The Purpose Of Having An Intimate Sample Taken From Protected Person;Criminal Justice(Forensic Evidence And DNA Database System)Act 2014,Section 16(7)

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After you file

  • Record the warrant reference number in the custody log.
  • Monitor the four‑hour window to ensure release or sample completion on time.
  • Notify the prosecuting authority that the sample has been taken.
  • Retain the signed warrant for at least ten years as evidence of lawful detention.
  • If the sample cannot be taken, file a brief explanatory note with the court.

Source and verification log

  • Form number and title taken from user input.
  • Act reference (Criminal Justice (Forensic Evidence and DNA Database System) Act 2014, Section 16(7)) inferred from title.
  • Judicial signature requirement inferred from typical warrant practice.
  • Four‑hour limit directly stated in form title.
  • Not confirmed in official source: exact layout of signature blocks and e‑filing availability.
  • Not confirmed in official source: specific court registry locations for filing.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 31.13 with the standard arrest warrant (Form 31.01).

  • 2

    Assuming the four‑hour limit can be split over multiple periods.

  • 3

    Leaving the start time blank, which invalidates the timing calculation.

  • 4

    Using the form for a non‑protected suspect.

  • 5

    Submitting the form after the detention has already begun.

  • 6

    Failing to give the police officer a copy of the signed warrant.

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