Official form guide
Form 38.16 Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(3)(a)
Form 38.16 is an Order of Committal to a Place of Detention made under Section 20(3)(a) of the International Protection Act 2015. It is used by the Courts Service when a person seeking international protection is to be detained pending a decision.
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Form Overview
Courts Service of Ireland - Form 38.16 Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(3)(a)
Form 38.16 is an Order of Committal to a Place of Detention made under Section 20(3)(a) of the International Protection Act 2015. It is used by the Courts Service when a person seeking international protection is to be detained pending a decision.
Risk Radar
Scan points- 1The most common mistake is omitting the exact detention centre name, which can delay the transfer.
- 2Wrong case reference number
- 3Misspelling the detainee’s name
- 4Leaving the detention period blank
- 5Sending to the wrong prison authority
Plain English
This paper tells the court that a refugee‑seeker must be put in a detention centre while their claim is being examined. It is filled out by a judge or court clerk and then sent to the prison authority. You only see it if you are involved in a protection case that has moved to detention.
Submission Date
- Filing date: The order must be filed and the prison notified before the detainee is transferred, typically within 24‑48 hours of the court decision.
- 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
- Use when a court orders detention of an international protection applicant.
- Do not use for ordinary criminal remand cases.
- Do not use for immigration detention under the Immigration Act.
- Use instead of Form 38.15, which covers Section 20(3)(b) orders.
- Apply only after a written court decision has been made.
Form selector
Use this form or another form?
Detention under Section 20(3)(b)
Different statutory basis
✓ Verify the correct subsection before proceeding
Criminal remand detention
Criminal procedure
✓ Use the criminal remand form, not this one
Immigration detention order
Immigration Act
✓ Choose the immigration-specific form
Deadline or filing window
The order must be filed and the prison notified before the detainee is transferred, typically within 24‑48 hours of the court decision.
Before you submit
- 1Correct case reference entered
- 2Applicant’s full legal name matches the protection application
- 3Section 20(3)(a) cited accurately
- 4Detention centre name spelled exactly as in the prison register
- 5Detention period dates filled in
- 6Court’s written detention order attached
- 7Electronic signature applied by an authorised officer
- 8Form saved as PDF for record‑keeping
- 9Submission confirmation email received
- 10Copy filed in the case file
How to file this form
- 1Log into the Courts Service e‑filing portal.
- 2Select ‘Create New Form’ and choose Form 38.16.
- 3Enter all required details and attach the court order.
- 4Review the form using the checklist above.
- 5Apply electronic signature.
- 6Submit to the designated prison authority.
- 7Download the submission receipt and archive it.
Known limitations
- 1Only accepts electronic signatures from judges or senior clerks.
- 2Cannot be filed via the public CRO portal.
- 3Requires a secure court network connection.
- 4No automatic validation of detention centre codes.
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form 38.16 is currently the accepted version for Section 20(3)(a) orders. No major revisions have been published since the 2022 Courts Service form update.
What changed or needs a fresh check
- Check the form header for the 2022 revision date.
- Confirm the electronic signature field is present.
- Verify the prison authority drop‑down list includes the new regional centre opened in 2023.
- Ensure the ‘detention period’ field now requires a start and end date.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogue
- SRCReference to International Protection Act 2015, Section 20(3)(a)
- SRCTypical filing process inferred from Courts Service e‑filing guidelines
- SRCNot confirmed in official source: exact electronic signature requirements
- SRCNot confirmed in official source: specific 2022 revision date
Common confusion points
Mixing up Section 20(3)(a) with Section 20(3)(b).
Using the form for criminal remand cases.
Leaving the detention period open‑ended.
Submitting to the wrong prison authority.
Forgetting to attach the written court order.
Incorrect spelling of the detention centre.
Using a paper copy when electronic filing is required.
Source transparency
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