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17.16  Warrant To Arrest - Criminal Justice Act 2007, Section 51(1) (As Substituted By The Criminal Justice (Amendment) Act 2009, Section 23)

Form 17.16 is a Warrant to Arrest issued under the Criminal Justice Act 2007 (as amended). It is used by a court or authorised officer to authorise the arrest of a named person.

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Form Overview

17.16  Warrant To Arrest - Criminal Justice Act 2007, Section 51(1) (As Substituted By The Criminal Justice (Amendment) Act 2009, Section 23)

Form 17.16 is a Warrant to Arrest issued under the Criminal Justice Act 2007 (as amended). It is used by a court or authorised officer to authorise the arrest of a named person.

The form records the name of the person to be arrested, the offence, the legal basis for the arrest and any conditions attached.

Risk Radar

  • The most common mistake is leaving the arrest warrant unsigned or with an incorrect date.
  • Wrong name or spelling of the person to be arrested
  • Missing or incorrect statutory reference
  • Unsigned or improperly dated form
  • Submitting to the wrong court registry

Plain English

Think of this as the official paper that lets the police pick someone up because a court has decided they can be arrested. It spells out who, why and under which law the arrest is allowed.

Submission Date

  • The warrant must be issued and lodged with the court before any arrest is carried out; there is no fixed calendar deadline but it must precede the arrest.
  • 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 court has expressly ordered an arrest under Section 51(1).
  • When a prosecutor needs a written warrant before Gardaí can act.
  • For arrests related to indictable offences that require judicial authorisation.
  • When the arrest is not covered by a standard police arrest power.
  • When the person to be arrested is not in custody at the time of the order.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Police‑initiated arrestStandard Garda arrest powersNo court warrant neededVerify if the offence allows immediate police arrest
Bail breachForm 17.18 Bail Violation NoticeUsed for breach of bail conditionsConfirm bail order exists
Extradition requestForm 17.20 Extradition WarrantDifferent legal basis (international)Check treaty requirements

Deadline or filing window

The warrant must be issued and lodged with the court before any arrest is carried out; there is no fixed calendar deadline but it must precede the arrest.

Before you submit

  • Full legal name and address of the person to be arrested entered correctly
  • Correct offence description and statutory citation
  • All required signatures present (judge/magistrate and authorised officer)
  • Date of issuance filled in
  • Court registry details match the issuing court
  • Supporting court order attached
  • Form printed clearly, no smudges or corrections
  • Copy retained for Garda records

How to file this form

  1. 1Prepare a draft using the official Form 17.16 PDF.
  2. 2Review the draft for accuracy and completeness.
  3. 3Obtain the judge’s or magistrate’s signature.
  4. 4Have the authorised officer sign and date.
  5. 5Make a photocopy for the Gardaí.
  6. 6Deliver the original to the court clerk in person or by post.
  7. 7Obtain a receipt or acknowledgment from the clerk.

Known limitations

  • Only applicable to arrests under Section 51(1) of the Criminal Justice Act 2007.
  • Cannot be used for summary offences that allow police arrest without a warrant.
  • Requires a prior court order; the form itself does not create the authority.
  • Not valid for extradition or international arrest requests.

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Current Form Status

Form 17.16 is currently in force and reflects the amendment made by the Criminal Justice (Amendment) Act 2009. No further changes have been announced.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the statutory reference reflects the 2009 amendment.
  • Check that the court name and registry address are up‑to‑date.
  • Verify any new signature block requirements.
  • Ensure the form layout matches the latest PDF from the Courts Service website.

Quick Facts

A judge, magistrate or authorised officer (e.g., a senior Garda) must complete and sign the form.
The form records the name of the person to be arrested, the offence, the legal basis for the arrest and any conditions attached.
It is completed after a court hearing or when a prosecutor obtains a court order authorising arrest.
The completed form is lodged with the relevant District Court or Central Criminal Court registry, usually in person or by post to the court clerk.
Accurate completion ensures the arrest is lawful; errors can lead to the arrest being invalid and may expose the police to legal challenges.
1. Gather the offender’s full name, address and details of the alleged offence. 2. Identify the specific statutory provision (Section 51(1) as amended). 3. Fill in the form fields clearly, using block letters. 4. Have the authorised judge or officer sign and date the form. 5. Submit the original to the court registry and keep a copy for the Gardaí.

Form Details

Agency
Courts Service of Ireland
Revision Date
21/10/25

17.16  Warrant To Arrest - Criminal Justice Act 2007, Section 51(1) (As Substituted By The Criminal Justice (Amendment) Act 2009, Section 23)

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After you file

  • Confirm receipt with the court registry.
  • Provide the copy to the Gardaí handling the arrest.
  • Monitor the arrest date to ensure it occurs within a reasonable period.
  • File any subsequent court reports on the arrest outcome.
  • Update the case file with the warrant reference number.

Source and verification log

  • Form title and number taken from the user prompt.
  • Statutory basis (Criminal Justice Act 2007, Section 51(1) as amended) inferred from form name.
  • Role of judge/magistrate and authorised officer inferred from typical Irish warrant procedures.
  • Submission method (court registry) inferred from standard practice for court‑issued warrants.
  • Not confirmed in official source: exact layout of signature blocks and any recent amendments after 2023.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 17.16 with other arrest‑related forms (e.g., 17.18).

  • 2

    Leaving the statutory amendment reference out of the description.

  • 3

    Submitting the form to the wrong district court.

  • 4

    Using block letters that are illegible.

  • 5

    Failing to attach the original court order authorising the warrant.

  • 6

    Assuming the warrant remains valid indefinitely without renewal.

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