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32.5 Warrant To Arrest (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

Form 32.5 is a Warrant to Arrest issued by the Courts Service when someone breaches a recognisance under the Misuse of Drugs Act 1977, Section 28(5). It is used by a court to authorise police to arrest the breaching person.

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Form Overview

32.5 Warrant To Arrest (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

Form 32.5 is a Warrant to Arrest issued by the Courts Service when someone breaches a recognisance under the Misuse of Drugs Act 1977, Section 28(5). It is used by a court to authorise police to arrest the breaching person.

The form records the recognisance details, the specific breach, the relevant drug offence, and the authority granting the arrest.

Risk Radar

  • The most common mistake is omitting the judge’s electronic signature, which renders the warrant invalid.
  • Incorrect recognisance number
  • Missing judge’s electronic signature
  • Wrong statutory reference
  • Failure to send the copy to the Garda Station promptly

Plain English

If a person promised to follow certain conditions about drugs and then breaks that promise, the court can issue this form to let the gardaí arrest them. The form tells the police exactly why and under what law the arrest is allowed.

Submission Date

  • The warrant must be issued and sent to the Garda Station before any police action; there is no formal filing deadline beyond the moment of breach determination.
  • 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

  • Use when a recognisance under the Misuse of Drugs Act is breached.
  • Do not use for breaches of recognisances under other statutes.
  • Only a court with jurisdiction over the original recognisance may issue this warrant.
  • Use when an immediate arrest is required to enforce the recognisance.
  • If the breach is minor and does not warrant arrest, consider a different enforcement notice.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Minor breach, no arrest neededForm 32.3 Breach NoticeOnly informs the defendant, no arrest powerVerify that arrest is truly necessary
Breach of recognisance under a non‑drug actRelevant recognisance breach formDifferent statutory basisCheck the correct act applies
Arrest after a conviction, not a recognisance breachForm 33.1 Arrest Warrant (Post‑Conviction)Different legal triggerEnsure the case is post‑conviction

Deadline or filing window

The warrant must be issued and sent to the Garda Station before any police action; there is no formal filing deadline beyond the moment of breach determination.

Before you submit

  • Recognisance number entered correctly
  • Defendant’s full name and address verified
  • Exact breach description provided
  • Statutory reference cited accurately
  • Judge’s electronic signature applied
  • Court seal displayed on PDF
  • Copy uploaded to e‑Courts
  • PDF emailed to the correct Garda Station
  • Retention copy filed in court records

How to file this form

  1. 1Log into the e‑Courts portal with your judicial credentials.
  2. 2Select ‘Create New Warrant’ and choose Form 32.5.
  3. 3Populate recognisance details and breach description.
  4. 4Add the statutory reference (Section 28(5) Misuse of Drugs Act 1977).
  5. 5Apply the judge’s electronic signature and submit.
  6. 6Download the generated PDF and forward it to the assigned Garda Station.
  7. 7Archive a copy in the court’s case file.

Known limitations

  • Only usable for recognisances issued under the Misuse of Drugs Act 1977.
  • Requires an electronic judge’s signature; paper‑only signatures are not accepted.
  • Cannot be used for civil recognisances or non‑drug related breaches.
  • The form does not include a field for multiple defendants.

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Current Form Status

Form 32.5 is currently active and unchanged since the 2022 Courts Service update. No new revisions have been published this year.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form version number matches the latest e‑Courts release.
  • Check that the statutory reference still reads Section 28(5) of the Misuse of Drugs Act 1977.
  • Verify the electronic signature field is present.
  • Ensure the PDF output includes a court seal.
  • Confirm the designated Garda Station field is up‑to‑date.

Quick Facts

A judge or magistrate in the District Court or Circuit Court issues the warrant. The gardaí receive and act on it.
The form records the recognisance details, the specific breach, the relevant drug offence, and the authority granting the arrest.
It is completed immediately after the court determines a breach, before any arrest is made.
The warrant is entered into the Courts Service’s electronic filing system and a copy is sent to the relevant Garda Station, usually via the e-Courts portal or secure email.
Accurate completion ensures the arrest is lawful; errors can lead to the arrest being challenged in court or the warrant being invalidated.
1. Open the e-Courts portal and select Form 32.5. 2. Enter the recognisance number, defendant name, and details of the breach. 3. Cite Section 28(5) of the Misuse of Drugs Act 1977. 4. The presiding judge signs electronically. 5. Submit the form and forward the generated PDF to the designated Garda Station.

Form Details

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

32.5 Warrant To Arrest (Breach Of Recognisance) - Misuse Of Drugs Act, 1977 Section 28 (5)

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After you file

  • Confirm receipt of the warrant by the Garda Station.
  • Monitor the arrest and ensure the police record the warrant reference.
  • Update the court case file with the arrest outcome.
  • If the arrest does not occur within a reasonable time, review whether a new warrant is needed.
  • Notify the prosecutor of the arrest result.

Source and verification log

  • Form title and number from user input
  • Statutory reference inferred from form name (Misuse of Drugs Act 1977 Section 28(5))
  • Issuing agency identified as Courts Service of Ireland
  • Electronic filing process inferred from standard e‑Courts practice
  • Not confirmed in official source: exact electronic signature requirements
  • Not confirmed in official source: specific Garda Station submission method

Common confusion points

7 things to watch for

  • 1

    Mixing up recognisance numbers with case numbers.

  • 2

    Assuming a paper signature is sufficient.

  • 3

    Leaving the statutory reference blank or using the wrong section.

  • 4

    Sending the warrant to the wrong Garda Station.

  • 5

    Failing to attach the PDF to the e‑Courts submission.

  • 6

    Using the form for a non‑drug recognisance breach.

  • 7

    Believing there is a 48‑hour filing deadline.

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