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31.11 Order Authorising Arrest - Criminal Procedure 2010, Section 16 / Section 17

Form 31.11 is the Order Authorising Arrest under the Criminal Procedure Act 2010, specifically sections 16 and 17. It is used by a court to formally permit a police officer or other authorised person to arrest a named individual.

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Form Overview

31.11 Order Authorising Arrest - Criminal Procedure 2010, Section 16 / Section 17

Form 31.11 is the Order Authorising Arrest under the Criminal Procedure Act 2010, specifically sections 16 and 17. It is used by a court to formally permit a police officer or other authorised person to arrest a named individual.

The form records the name of the person to be arrested, the offence, the legal basis (section 16 or 17), and any conditions attached to the arrest.

Risk Radar

  • The most common mistake is forgetting the judge’s signature, which makes the order invalid.
  • Incorrect section (16 vs 17) cited
  • Misspelling the accused’s name
  • Missing judge’s signature
  • Failing to give a copy to the Gardaí before the arrest

Plain English

This paper is a court order that gives police the legal power to arrest someone. It is only filled out when a judge decides an arrest is needed under the 2010 criminal rules.

Submission Date

  • The order must be issued before the police execute the arrest; any delay can render the arrest unlawful.
  • 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

  • When a court explicitly orders an arrest under section 16 or 17.
  • When the arrest is for a serious indictable offence and requires judicial authorisation.
  • When the police need a written order to justify detention before charge.
  • When the accused has previously been released on bail and the court now revokes it.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Pre‑charge detentionForm 31.12Used for short‑term detention without a full arrest orderVerify if the offence is non‑indictable
Bail variationForm 31.15Changes bail conditions, not an arrestEnsure bail is still in effect
Extradition requestForm 31.20Applies to cross‑border casesConfirm jurisdiction before using

Deadline or filing window

The order must be issued before the police execute the arrest; any delay can render the arrest unlawful.

Before you submit

  • Case number matches court file.
  • Accused’s full legal name and address are correct.
  • Offence description aligns with the charge sheet.
  • Correct section (16 or 17) is cited.
  • Judge’s signature and date are present.
  • Original submitted to court registry.
  • Certified copy given to Gardaí.
  • Copy retained in the case file.
  • Form version date is current.
  • All mandatory fields are filled, no blanks.

How to file this form

  1. 1Download or collect the latest Form 31.11.
  2. 2Complete all required fields on the paper or e‑form.
  3. 3Present the form to the presiding judge for signature.
  4. 4File the signed original at the court registry.
  5. 5Provide a certified copy to the Gardaí responsible for the arrest.
  6. 6Log the filing date in the case notes.

Known limitations

  • Only applicable to arrests ordered under sections 16 or 17 of the 2010 Act.
  • Does not cover emergency arrests without prior judicial order.
  • Not valid for civil contempt or non‑criminal matters.
  • Must be used in courts that have jurisdiction over the offence.

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Current Form Status

Form 31.11 is currently in force and reflects the 2010 Criminal Procedure Act. No recent amendments have been published as of 2024.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the 2024 version date.
  • Confirm the correct section number (16 or 17) is listed.
  • Verify the court registry field matches the current court handling the case.
  • Ensure the signature block includes space for the judge’s electronic signature if filing online.

Quick Facts

A judge or authorised court official completes the form, and it is issued to the Gardaí or other authorised arresting officer.
The form records the name of the person to be arrested, the offence, the legal basis (section 16 or 17), and any conditions attached to the arrest.
It is completed after a court hearing where arrest is ordered, and before the police carry out the arrest.
The order is filed with the relevant District Court or Circuit Court registry and a copy is given to the Gardaí, usually in person or via the Courts Service e‑filing portal.
A correct order is required for the arrest to be lawful; errors can lead to an unlawful arrest and possible legal challenges.
1. Obtain the blank Form 31.11 from the Courts Service website or registry. 2. Fill in the case number, name of the accused, offence details and cite section 16 or 17. 3. The presiding judge signs and dates the order. 4. Submit the original to the court registry and provide a certified copy to the Gardaí. 5. Keep a copy for the case file.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/10/25

31.11 Order Authorising Arrest - Criminal Procedure 2010, Section 16 / Section 17

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After you file

  • Confirm the Gardaí have received their copy.
  • Record the filing{date} in the case management system.
  • Monitor for any objections or motions filed by the defence.
  • Update the bail register if the arrest impacts bail status.
  • Retain the original order in the court’s archive.

Source and verification log

  • Form title and number taken from Courts Service catalogue.
  • Section references inferred from Criminal Procedure Act 2010.
  • Submission method based on typical Courts Service e‑filing practice.
  • Risk list derived from common procedural errors in Irish criminal procedure.
  • Not confirmed in official source: exact deadline wording and electronic signature availability.

Common confusion points

6 things to watch for

  • 1

    Mixing up section 16 (arrest without warrant) with section 17 (arrest with warrant).

  • 2

    Leaving the “date of issue” blank.

  • 3

    Using an older paper form that lacks the electronic signature field.

  • 4

    Submitting the form to the wrong court registry.

  • 5

    Assuming a police officer can sign the order instead of a judge.

  • 6

    Failing to note any special conditions attached to the arrest.

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