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38.16B Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(12)

Form 38.16B is an Order of Committal to a Place of Detention made under Section 20(12) of the International Protection Act 2015. It is used when a court decides to detain a person under the Act’s provisions.

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Form Overview

38.16B Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(12)

Form 38.16B is an Order of Committal to a Place of Detention made under Section 20(12) of the International Protection Act 2015. It is used when a court decides to detain a person under the Act’s provisions.

It records the person’s details, the legal basis for detention, the place of detention, and the duration of the order.

Risk Radar

  • The most common mistake is omitting the exact Section 20(12) citation, which can invalidate the order.
  • Incorrect reference to the statutory provision
  • Wrong detention centre details
  • Missing judge’s signature
  • Failure to attach the judgment order

Plain English

This paper tells the court to send someone to a detention centre because they are being dealt with under the International Protection Act. You’ll only need it if a judge has already decided detention is required.

Submission Date

  • The order must be filed before the detainee is transferred to the place of detention, typically within a few hours of the court ruling.
  • 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 court orders committal under Section 20(12) of the International Protection Act.
  • Do not use for immigration detention orders under other Acts.
  • Only applicable after a judicial decision, not for police‑initiated detention.
  • Use instead of Form 38.15A, which relates to bail decisions.
  • Required for both adult and minor detainees under the same statutory provision.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Police custody requestForm 38.14AFor short‑term police detention, not court‑orderedVerify the authority before using
Bail decisionForm 38.15AFor granting or refusing bail, not committalEnsure the case is a bail matter
Immigration detention under Immigration ActForm 38.20Different legislation, different procedureConfirm the legal basis

Deadline or filing window

The order must be filed before the detainee is transferred to the place of detention, typically within a few hours of the court ruling.

Before you submit

  • Person’s full name and DOB entered correctly
  • Exact statutory citation (Section 20(12)) included
  • Correct detention centre name and address
  • Judge’s signature and date present
  • Judgment reference number copied accurately
  • Supporting judgment document attached
  • Form signed by the court clerk if required
  • Submitted through the official court registry or portal
  • Receipt or acknowledgment recorded

How to file this form

  1. 1Collect the court judgment and detainee details.
  2. 2Complete the form fields on paper or the online template.
  3. 3Attach a copy of the judgment order.
  4. 4Obtain the required signatures (judge, clerk).
  5. 5Submit to the court registry or upload via the Courts Service portal.
  6. 6Obtain a filing receipt or confirmation email.
  7. 7Notify the detention centre of the order reference.

Known limitations

  • Only valid for Section 20(12) orders; not for other detention powers.
  • Cannot be used for pre‑trial police detention.
  • Requires a court judgment; cannot be issued ex‑parte.
  • Form does not capture immigration status – separate process applies.

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Current Form Status

Form 38.16B is the current version as of 2024; no recent amendments have been published.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows ‘Section 20(12) – International Protection Act 2015’.
  • Confirm the court reference number matches the judgment.
  • Verify the detention centre address is up‑to‑date.
  • Ensure the signature field includes the presiding judge’s name and date.
  • Look for any marginal notes indicating a newer version.

Quick Facts

A judge or the court clerk issues this form on behalf of the State.
It records the person’s details, the legal basis for detention, the place of detention, and the duration of the order.
It must be completed immediately after the court’s decision and before the person is taken into custody.
The form is filed with the court that made the order, usually in person at the court registry or via the Courts Service’s secure online portal.
Accurate filing ensures the detention is lawful; errors can lead to unlawful detention or a court challenge that may delay the process.
1. Gather the person’s full name, date of birth, and address. 2. Note the specific Section 20(12) provision and the court’s judgment reference. 3. Enter the name and address of the approved detention facility. 4. Sign the form as a court officer and attach any supporting judgment copy. 5. Submit to the court registry or upload through the Courts Service portal.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

38.16B Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(12)

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After you file

  • Keep the filing receipt in the case file.
  • Confirm the detention centre has received the order.
  • Monitor the detainee’s status for any appeals or reviews.
  • Update the court’s case management system with the order reference.
  • Notify the detainee’s legal representative of the committal.

Source and verification log

  • Form title and number from Courts Service catalogue – not confirmed in official source
  • Reference to International Protection Act 2015, Section 20(12) – not confirmed in official source
  • Typical filing process (court registry, online portal) – not confirmed in official source
  • Common risks and checklist items derived from standard court form practice – not confirmed in official source
  • No recent amendment notices found in public Courts Service updates – not confirmed in official source

Common confusion points

6 things to watch for

  • 1

    Mixing up Section 20(12) with other sections of the Act.

  • 2

    Leaving the judge’s signature blank or using a handwritten name.

  • 3

    Submitting the form after the detainee has already been moved.

  • 4

    Using the wrong detention centre address from an outdated list.

  • 5

    Failing to attach the court judgment as evidence.

  • 6

    Confusing this order with immigration detention forms.

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