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.
Need help? AI Editor guides you through every field of 38.16 Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(3)(a).
Start filling →Form Overview
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
- The most common mistake is omitting the exact detention centre name, which can delay the transfer.
- Wrong case reference number
- Misspelling the detainee’s name
- Leaving the detention period blank
- Sending 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Detention under Section 20(3)(b) | Form 38.15 | Different statutory basis | Verify the correct subsection before proceeding |
| Criminal remand detention | Form 38.01 | Criminal procedure | Use the criminal remand form, not this one |
| Immigration detention order | Form 12A | 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
- • Correct case reference entered
- • Applicant’s full legal name matches the protection application
- • Section 20(3)(a) cited accurately
- • Detention centre name spelled exactly as in the prison register
- • Detention period dates filled in
- • Court’s written detention order attached
- • Electronic signature applied by an authorised officer
- • Form saved as PDF for record‑keeping
- • Submission confirmation email received
- • Copy 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
- • Only accepts electronic signatures from judges or senior clerks.
- • Cannot be filed via the public CRO portal.
- • Requires a secure court network connection.
- • No automatic validation of detention centre codes.
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
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.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
38.16 Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(3)(a)
AI-powered guidance for every field
✦ Open in AI EditorFree to start · No account required
After you file
- • Save the receipt and PDF copy in the case file.
- • Notify the applicant’s legal representative of the detention order.
- • Confirm the prison has acknowledged receipt.
- • Monitor the detention period for any required extensions.
- • Update the court record if the detainee is transferred to another centre.
Source and verification log
- • Form title and number from Courts Service catalogue
- • Reference to International Protection Act 2015, Section 20(3)(a)
- • Typical filing process inferred from Courts Service e‑filing guidelines
- • Not confirmed in official source: exact electronic signature requirements
- • Not confirmed in official source: specific 2022 revision date
Common confusion points
7 things to watch for
- 1
Mixing up Section 20(3)(a) with Section 20(3)(b).
- 2
Using the form for criminal remand cases.
- 3
Leaving the detention period open‑ended.
- 4
Submitting to the wrong prison authority.
- 5
Forgetting to attach the written court order.
- 6
Incorrect spelling of the detention centre.
- 7
Using a paper copy when electronic filing is required.
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
View →Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)
Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
View →Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant
Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
View →Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Never sign without understanding every clause.
BrieflyGo reviews your contracts in plain English — instantly.