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17.2 Recognisance Taken By Member Of Garda Síochána - Criminal Procedure Act 1967, Section 31 (As Amended By Criminal Justice Act 2007, Section 20)

This form is a recognizance taken by a member of the Garda Síochána under Section 31 of the Criminal Procedure Act 1967, as amended by the Criminal Justice Act 2007. It is used when a Garda needs to take a formal promise or obligation from a person involved in criminal proceedings.

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Form Overview

17.2 Recognisance Taken By Member Of Garda Síochána - Criminal Procedure Act 1967, Section 31 (As Amended By Criminal Justice Act 2007, Section 20)

This form is a recognizance taken by a member of the Garda Síochána under Section 31 of the Criminal Procedure Act 1967, as amended by the Criminal Justice Act 2007. It is used when a Garda needs to take a formal promise or obligation from a person involved in criminal proceedings.

The form captures details about the person giving the recognizance, the specific promise or obligation they're making, and the circumstances under which the recognizance is being taken.

Risk Radar

  • The most common mistake is failing to ensure the person fully understands the terms and consequences of the recognizance before signing.
  • Incomplete or inaccurate information about the person
  • Unclear terms of the recognizance
  • Missing signatures or dates
  • Failure to explain the consequences of breaking the recognizance

Plain English

A recognizance is essentially a formal promise that someone makes to the court. When a Garda takes this recognizance, they're making a record of someone's promise to do something or not do something related to a criminal case. This helps ensure people involved in criminal proceedings understand their obligations and follow court requirements.

Submission Date

  • There is no specific deadline indicated for submitting this form, but it should be completed and submitted promptly after the recognizance is taken to ensure proper documentation of the criminal proceedings.
  • 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

Hover a term to preview the meaning.

What this form is for

  • Use this form when a Garda needs to take a recognizance under Section 31 of the Criminal Procedure Act
  • Use when there are conditions to ensure a person's appearance in court
  • Use when imposing conditions on a person's behavior during criminal proceedings
  • Use when a person needs to enter into a formal promise related to their criminal case
  • Not to be used for civil matters or non-criminal obligations

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Section 30 recognizanceForm 17.1Different legal basis and procedureVerify the correct section applies
Bail applicationCourt bail formDifferent process with different requirementsCheck if bail is being sought instead
Summons for witnessForm for witness summonsDifferent purpose and procedureConfirm if this is about securing a witness
Complaint formInitial complaint formUsed to initiate proceedings, not for recognizanceEnsure you're at the right stage of proceedings

Deadline or filing window

There is no specific deadline indicated for submitting this form, but it should be completed and submitted promptly after the recognizance is taken to ensure proper documentation of the criminal proceedings.

Before you submit

  • Verify all personal details of the person giving the recognizance
  • Ensure the terms of the recognizance are clearly stated
  • Check that the person has signed and dated the form
  • Confirm the Garda has completed their section and signature
  • Verify that the correct legal references are included
  • Ensure the form is complete with no blank spaces
  • Double-check that all copies are properly filled out if multiple copies are required

How to file this form

  1. 1Identify the person and explain the purpose of the recognizance
  2. 2Clearly state the terms of the recognizance to the person
  3. 3Obtain the person's voluntary agreement to the terms
  4. 4Complete all sections of the form accurately
  5. 5Have the person sign and date the form
  6. 6Complete the Garda's section and sign
  7. 7Submit the completed form to the appropriate court or authorities

Known limitations

  • This form is only for use by members of the Garda Síochána
  • It should only be used for criminal proceedings under the specified legislation
  • The form may not be appropriate for all types of recognizances
  • Electronic submission options may be limited
  • The form may require specific court stamps or endorsements

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Current Form Status

This form is current as per the Criminal Procedure Act 1967, as amended by the Criminal Justice Act 2007. No recent changes have been indicated, but users should verify with the Courts Service of Ireland for the most up-to-date version.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form includes amendments from the Criminal Justice Act 2007
  • Check that all references to legislation are current
  • Ensure the form has been updated to reflect any recent changes to criminal procedure
  • Confirm that the form number and title match the latest version from the Courts Service

Quick Facts

This form is completed by a member of the Garda Síochána when they need to take a recognizance from a person involved in criminal proceedings.
The form captures details about the person giving the recognizance, the specific promise or obligation they're making, and the circumstances under which the recognizance is being taken.
This form should be used when a Garda needs to take a recognizance from someone in connection with criminal proceedings, typically when there are conditions to ensure the person's appearance in court or good behavior.
The form is likely completed by the Garda at the time the recognizance is taken and submitted to the relevant court or authorities as part of the criminal proceedings.
Submitting this form correctly is important because it creates a legal record of the person's promise, which can have legal consequences if the promise is broken. Errors or delays could affect the validity of the recognizance and potentially impact the criminal proceedings.
To complete this form, the Garda should first identify the person and explain the terms of the recognizance clearly. The person must understand and voluntarily agree to the terms before signing the form. The Garda should ensure all required fields are completed accurately and the form is submitted to the appropriate court or authorities promptly.

Form Details

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

17.2 Recognisance Taken By Member Of Garda Síochána - Criminal Procedure Act 1967, Section 31 (As Amended By Criminal Justice Act 2007, Section 20)

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After you file

  • Keep a copy of the completed form for records
  • Monitor the person's compliance with the recognizance terms
  • Be prepared to provide evidence in court if the recognizance is breached
  • Follow up with the court if you haven't received confirmation of receipt
  • Note any changes in the person's circumstances that might affect the recognizance

Source and verification log

  • Form number: 17.2 (confirmed from provided information)
  • Issuing agency: Courts Service of Ireland (confirmed)
  • Legal basis: Criminal Procedure Act 1967, Section 31 (confirmed)
  • Amendments: Criminal Justice Act 2007, Section 20 (confirmed)
  • Purpose: Taking recognizance by Garda Síochána (confirmed)
  • Current status: Not confirmed in official source
  • Submission process: Not confirmed in official source
  • Electronic submission options: Not confirmed in official source

Common confusion points

7 things to watch for

  • 1

    Confusion about the difference between a recognizance and bail

  • 2

    Uncertainty about who can take a recognizance (only a Garda in this case)

  • 3

    Misunderstanding about the legal consequences of breaking the recognizance

  • 4

    Confusion about whether the person needs legal advice before signing

  • 5

    Unclear about how long the recognizance remains in effect

  • 6

    Confusion about whether witnesses need to sign the recognizance

  • 7

    Uncertainty about when a new recognizance is needed

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