COURTS

17.5 Warrant To Detain - Offences Against The State Act 1939, Section 30(4A)(As Inserted By Offences Against The State (Amendment) Act 1998)

This is a warrant form used by Irish authorities to legally detain individuals suspected of offenses against the state. It specifically implements Section 30(4A) of the Offences Against The State Act 1939 as amended in 1998.

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Form Overview

17.5 Warrant To Detain - Offences Against The State Act 1939, Section 30(4A)(As Inserted By Offences Against The State (Amendment) Act 1998)

The form captures details about the person to be detained, the specific grounds for detention, and references the legal authority under the Offences Against The State Act that justifies the detention.

Risk Radar

Using outdated legal references can invalidate the entire warrant.
Inaccurate personal details of the person being detained
Insufficient or unclear grounds for detention
Incorrect legal citations or references
Missing required authorizations or signatures

Plain English

This form helps Irish authorities get official permission to hold someone in custody for investigation into offenses against the state. It's a legal document that allows detention when there are reasonable grounds to suspect someone has committed such offenses.

Submission Date

There is no fixed deadline for submitting this form as it's used when detention becomes necessary, but it should be submitted promptly when grounds for detention arise to ensure legal compliance.
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

authority warrant section state

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What this form is for

• Use specifically for detention related to offenses against the state
• Only applies to situations covered by Section 30(4A) of the Offences Against The State Act
• Not for general criminal offenses or routine police matters
• Must be completed by authorized state officials only
• Requires proper legal justification and evidence

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
General criminal offense	Standard arrest warrant	Different legal basis and procedures	Check offense classification
Terrorism-related detention	Special terrorism warrant	Different legal thresholds and procedures	Verify offense type
Extended detention beyond initial period	Extension warrant form	Requires additional justification	Check detention timeline
International cooperation matters	Extradition procedures	Different legal framework and requirements	Verify jurisdiction

Deadline or filing window

There is no fixed deadline for submitting this form as it's used when detention becomes necessary, but it should be submitted promptly when grounds for detention arise to ensure legal compliance.

Before you submit

• Verify all personal details of the person to be detained
• Confirm the specific offense under the Offences Against The State Act
• Ensure proper legal authority and justification
• Check that all required signatures are included
• Verify the form is the most current version
• Confirm compliance with relevant human rights provisions

How to file this form

1Complete all sections of the warrant form with accurate information
2Specify the exact legal basis under Section 30(4A)
3Obtain necessary authorization from the appropriate judicial authority
4Serve the warrant on the relevant law enforcement agency
5Ensure proper recording of the detention in official records
6Monitor the detention period to ensure compliance with legal limits

Known limitations

• The warrant only authorizes detention for specific offenses against the state
• Detention periods are legally limited and require regular review
• The warrant must be based on reasonable grounds and evidence
• Human rights considerations may impact detention procedures
• Regular judicial review is required for extended detention

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Current Form Status

The form remains valid under current Irish legislation but should be checked for any recent amendments to the Offences Against The State Act that might affect its application.

Agency: Courts Service of Ireland

What changed or needs a fresh check

• Verify current version of the Offences Against The State Act
• Check for recent amendments to Section 30(4A)
• Confirm current judicial procedures for this warrant type
• Update any outdated references to legislation
• Ensure compliance with current human rights standards

Quick Facts

This form would be completed and submitted by authorized law enforcement officers or judicial officials in Ireland seeking to detain a person in connection with offenses against the state.

This form should be submitted when authorities have reasonable grounds to suspect someone of offenses against the state and need to detain them for investigation purposes.

The form would be submitted to the appropriate court or judicial authority in Ireland, though specific submission procedures may vary by jurisdiction.

Submitting this form correctly ensures the detention follows proper legal procedures, preventing potential challenges to its validity and protecting the rights of all parties involved.

Complete all sections with accurate information about the person and the specific grounds for detention. Clearly reference the relevant sections of the Offences Against The State Act. Obtain proper authorization from the judicial authority before executing the warrant.