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 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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Police custody request | Form 38.14A | For short‑term police detention, not court‑ordered | Verify the authority before using |
| Bail decision | Form 38.15A | For granting or refusing bail, not committal | Ensure the case is a bail matter |
| Immigration detention under Immigration Act | Form 38.20 | Different legislation, different procedure | Confirm the legal basis |
The order must be filed before the detainee is transferred to the place of detention, typically within a few hours of the court ruling.
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Form 38.16B is the current version as of 2024; no recent amendments have been published.
Agency: Courts Service of Ireland
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38.16B Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(12)
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6 things to watch for
Mixing up Section 20(12) with other sections of the Act.
Leaving the judge’s signature blank or using a handwritten name.
Submitting the form after the detainee has already been moved.
Using the wrong detention centre address from an outdated list.
Failing to attach the court judgment as evidence.
Confusing this order with immigration detention forms.
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