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37.42 Warrant Authorising Detention Of A Child For A Further Period Not Exceeding 4 Hours For The Purpose Of Having An Intimate Sample Taken From That Child - Criminal Justice (Forensic Evidence And DNA Database System) Act 2014, Section 17(7)

This form is a warrant authorizing the detention of a child for up to four extra hours. It is used specifically when an intimate sample needs to be taken from that child under the 2014 Act.

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Form Overview

37.42 Warrant Authorising Detention Of A Child For A Further Period Not Exceeding 4 Hours For The Purpose Of Having An Intimate Sample Taken From That Child - Criminal Justice (Forensic Evidence And DNA Database System) Act 2014, Section 17(7)

This form is a warrant authorizing the detention of a child for up to four extra hours. It is used specifically when an intimate sample needs to be taken from that child under the 2014 Act.

The form captures details about the child being detained and confirms the need for the extra sample collection time. It references Section 17(7) of the Criminal Justice Act 2014.

Risk Radar

  • Do not authorize detention beyond the stated four-hour limit without further documentation.
  • Failing to cite Section 17(7) correctly.
  • Exceeding the 4-hour detention limit without amendment.
  • Missing details about the child's identification.
  • Not specifying the exact reason for sample collection.

Plain English

If a child already detained in Ireland needs to stay longer—up to another four hours—to allow forensic staff to take DNA or other intimate samples, this form grants that permission. It keeps the process moving smoothly within the legal framework of the Courts Service.

Submission Date

  • The extension is limited to a maximum of four hours from the time the warrant is issued. Submit it as soon as the need for extra sampling arises.
  • 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

  • Use this when a child needs to be held beyond an initial detention period.
  • The purpose must strictly be taking an intimate sample from the child.
  • This form covers a maximum additional detention time of four hours.
  • It relates directly to procedures under Section 17(7) of the 2014 Act.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
General Detention ExtensionOther Courts Service WarrantIf the sample isn't intimate or the need is broader than DNA collection.Check if general detention warrants are available.
DNA Sample Collection (Initial)Potentially a different form numberIf this is the first authorization for the sample, not an extension.Verify the initial warrant details.
Detention Beyond 4 HoursAnother specific Courts Service FormIf the required time exceeds the four-hour limit allowed by this warrant.Check the maximum duration box on the form.

Deadline or filing window

The extension is limited to a maximum of four hours from the time the warrant is issued. Submit it as soon as the need for extra sampling arises.

Before you submit

  • Ensure the child's details (name, DOB) are fully completed and legible.
  • Verify the initial detention period end time on the form is accurate.
  • Confirm the reason specified clearly states 'Intimate Sample Taking'.
  • Check that the requested extension does not surpass four hours.
  • Signatures must be present from the authorizing judicial officer.
  • If applicable, ensure the presiding Garda/Investigating Officer details are included.

How to file this form

  1. 1Complete all required fields on Form 37.42 thoroughly.
  2. 2Obtain the necessary signatures and dates as per court procedure.
  3. 3File the original form with the relevant local Courts Service office.
  4. 4Provide a copy to the Garda station holding the child.
  5. 5Ensure the file is cross-referenced against the initial detention warrant.

Known limitations

  • This form only covers *additional* time; it does not authorize the entire detention period itself.
  • The authorization is strictly limited to forensic evidence/DNA sample purposes under the 2014 Act.
  • It does not cover other reasons for holding a child (e.g., witness testimony, interview extension) unless specified elsewhere on the form.
  • Not confirmed in official source: The precise accompanying documentation required by specific circuit courts is not listed here.

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Current Form Status

This form is specifically linked to the Criminal Justice (Forensic Evidence And DNA Database System) Act 2014. It remains current for authorizing short extensions of a child's detention.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the exact reference to Section 17(7) of the Act is present.
  • Check if the maximum detention period is clearly stated as 'Not Exceeding 4 Hours'.
  • Confirm the issuing body listed is the Courts Service of Ireland.
  • Look for any updated procedural notes regarding DNA sample protocols.

Quick Facts

Someone authorized by the courts, likely police or a judicial officer, must complete and submit this warrant.
The form captures details about the child being detained and confirms the need for the extra sample collection time. It references Section 17(7) of the Criminal Justice Act 2014.
This is used when the initial detention period requires an extension, but that extension cannot go beyond four hours.
Submission methods are not confirmed in the official source, but it will be directed to the Courts Service of Ireland.
Correct completion ensures the child's continued detention for sampling is legally sound. Errors could lead to procedural challenges or delays in forensic analysis.
Fill in all details about the detained child first. Clearly state the reason for needing the extra four hours. Ensure the form explicitly mentions its connection to Section 17(7) of the Act before signing.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

37.42 Warrant Authorising Detention Of A Child For A Further Period Not Exceeding 4 Hours For The Purpose Of Having An Intimate Sample Taken From That Child - Criminal Justice (Forensic Evidence And DNA Database System) Act 2014, Section 17(7)

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After you file

  • Keep a copy of the filed Form 37.42 for your records.
  • Inform the relevant Garda station immediately upon filing.
  • Track when the four-hour extension period begins and ends.
  • Ensure the forensic team is aware this warrant permits further holding time.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Number: 37.42
  • Legislation Basis: Criminal Justice (Forensic Evidence And DNA Database System) Act 2014
  • Specific Section: Section 17(7)
  • Purpose Detail: Authorising detention for a further period not exceeding 4 hours for intimate sample taking.
  • Not confirmed in official source: The specific ministerial directive governing its use.

Common confusion points

5 things to watch for

  • 1

    Mistaking this form for a general detention request; it must be linked to DNA/Intimate Sample needs.

  • 2

    Failing to specify *why* the sample needs taking (e.g., 'DNA profile' vs. just 'sample').

  • 3

    Not clearly stating the exact time extension requested, leading to ambiguity.

  • 4

    Using this form when the child is already detained under a different type of warrant (requires careful cross-referencing).

  • 5

    Believing it authorizes detention for any reason, rather than specifically for sample collection.

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