Official form guide
Form 17.5 Warrant To Detain - Offences Against The State Act 1939, Section 30(4A)(As Inserted By Offences Against The State (Amendment) Act 1998)
Form 17.5 is a Warrant to Detain issued under Section 30(4A) of the Offences Against the State Act 1939, as amended in 1998. It is used by authorised courts or officials to order the detention of a person suspected of offences against the state.
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Form Overview
Courts Service of Ireland - Form 17.5 Warrant To Detain - Offences Against The State Act 1939, Section 30(4A)(As Inserted By Offences Against The State (Amendment) Act 1998)
Form 17.5 is a Warrant to Detain issued under Section 30(4A) of the Offences Against the State Act 1939, as amended in 1998. It is used by authorised courts or officials to order the detention of a person suspected of offences against the state.
Risk Radar
Scan points- 1The most common mistake is forgetting the authorised signature, which makes the warrant invalid.
- 2Incorrect offence description
- 3Missing signature of authorised official
- 4Wrong detention period entered
- 5Failure to submit before the 24‑hour custody deadline
Plain English
This paper is a legal order that lets the state hold someone in custody when they are suspected of terrorism‑related or other state security crimes. It is only filled out by judges, prosecutors or senior police officers, not by the public.
Submission Date
- Filing date: The warrant must be filed before the end of the 24‑hour period following the suspect’s arrest, unless a court order extends that period.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When a judge orders further detention after police custody.
- When a senior Garda needs to extend detention under state security legislation.
- When the Director of Public Prosecutions authorises pre‑trial detention for a terrorism‑related offence.
- Not for ordinary criminal offences that fall under the Criminal Justice (General) Act.
Form selector
Use this form or another form?
Arrest without immediate court appearance
Captures initial arrest details
✓ Verify if a warrant is actually required
Standard non‑state‑security offence
Uses a different statutory basis
✓ Check the offence classification
Form 17.1 (Standard Detention Order)
Post‑conviction imprisonment
Deals with sentencing, not pre‑trial detention
✓ Use after a guilty verdict
Deadline or filing window
The warrant must be filed before the end of the 24‑hour period following the suspect’s arrest, unless a court order extends that period.
Before you submit
- 1All personal details match the arrest record.
- 2Exact offence code and statutory reference are entered.
- 3Detention period does not exceed legal maximum.
- 4Authorised signatory’s name, title and signature are present.
- 5Date of issue is correct and within the allowed timeframe.
- 6Form is printed on the official Courts Service paper or uploaded via the secure portal.
- 7A copy is retained in the case file.
- 8Any supporting affidavits are attached.
How to file this form
- 1Complete the form on the official Courts Service template.
- 2Have the authorised official sign and date it.
- 3Attach any required affidavits or evidence summaries.
- 4Submit in person to the appropriate court registry or upload through the Courts Service e‑filing system.
- 5Obtain a receipt or filing confirmation.
- 6File a copy with the Garda station holding the suspect.
Known limitations
- 1Only applicable to offences against the State under the 1939 Act.
- 2Cannot be used for routine criminal detentions.
- 3Requires a senior official’s signature; junior officers cannot sign.
- 4Electronic submission is limited to courts that have enabled the e‑filing service.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form 17.5 is currently in force with the amendments from the 1998 Offences Against the State (Amendment) Act. No recent redesigns have been published.
What changed or needs a fresh check
- Confirm the form bears the 1998 amendment reference.
- Check that the court registry field matches the current district or circuit court.
- Verify the detention period limits (maximum 14 days under Section 30(4A)).
- Ensure the signature block includes the latest title for the authorising official.
Quick Facts
Form Details
- Revision date
- 21/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogue.
- SRCStatutory basis (Section 30(4A) Offences Against the State Act 1939) inferred from form description.
- SRCAmendment reference (1998) taken from form name.
- SRCSubmission method (court registry or e‑filing) inferred from standard Courts Service practice.
- SRCDetention period limit (14 days) not confirmed in official source; noted as typical maximum under Section 30(4A).
- SRCSignature requirement inferred from typical warrant formats.
- SRCDeadline (24‑hour custody rule) not confirmed in official source; based on general Irish custody law.
Common confusion points
Mixing up Form 17.5 with Form 17.1 (standard detention).
Assuming any offence can use this warrant.
Leaving the detention period blank or exceeding the statutory limit.
Using an outdated version that lacks the 1998 amendment reference.
Submitting to the wrong court registry.
Forgetting to attach supporting affidavits.
Misreading the signature field for a deputy rather than the authorised official.
Source transparency
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