Official form guide
Form 38.16B Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(12)
Form 38.16B is an Order of Committal to a Place of Detention made under Section 20(12) of the International Protection Act 2015. It is used when a court decides to detain a person under the Act’s provisions.
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Form Overview
Courts Service of Ireland - Form 38.16B Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(12)
Form 38.16B is an Order of Committal to a Place of Detention made under Section 20(12) of the International Protection Act 2015. It is used when a court decides to detain a person under the Act’s provisions.
Risk Radar
Scan points- 1The most common mistake is omitting the exact Section 20(12) citation, which can invalidate the order.
- 2Incorrect reference to the statutory provision
- 3Wrong detention centre details
- 4Missing judge’s signature
- 5Failure to attach the judgment order
Plain English
This paper tells the court to send someone to a detention centre because they are being dealt with under the International Protection Act. You’ll only need it if a judge has already decided detention is required.
Submission Date
- Filing date: The order must be filed before the detainee is transferred to the place of detention, typically within a few hours of the court ruling.
- 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 committal under Section 20(12) of the International Protection Act.
- Do not use for immigration detention orders under other Acts.
- Only applicable after a judicial decision, not for police‑initiated detention.
- Use instead of Form 38.15A, which relates to bail decisions.
- Required for both adult and minor detainees under the same statutory provision.
Form selector
Use this form or another form?
Police custody request
For short‑term police detention, not court‑ordered
✓ Verify the authority before using
Bail decision
For granting or refusing bail, not committal
✓ Ensure the case is a bail matter
Immigration detention under Immigration Act
Different legislation, different procedure
✓ Confirm the legal basis
Deadline or filing window
The order must be filed before the detainee is transferred to the place of detention, typically within a few hours of the court ruling.
Before you submit
- 1Person’s full name and DOB entered correctly
- 2Exact statutory citation (Section 20(12)) included
- 3Correct detention centre name and address
- 4Judge’s signature and date present
- 5Judgment reference number copied accurately
- 6Supporting judgment document attached
- 7Form signed by the court clerk if required
- 8Submitted through the official court registry or portal
- 9Receipt or acknowledgment recorded
How to file this form
- 1Collect the court judgment and detainee details.
- 2Complete the form fields on paper or the online template.
- 3Attach a copy of the judgment order.
- 4Obtain the required signatures (judge, clerk).
- 5Submit to the court registry or upload via the Courts Service portal.
- 6Obtain a filing receipt or confirmation email.
- 7Notify the detention centre of the order reference.
Known limitations
- 1Only valid for Section 20(12) orders; not for other detention powers.
- 2Cannot be used for pre‑trial police detention.
- 3Requires a court judgment; cannot be issued ex‑parte.
- 4Form does not capture immigration status – separate process applies.
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 38.16B is the current version as of 2024; no recent amendments have been published.
What changed or needs a fresh check
- Check that the form header shows ‘Section 20(12) – International Protection Act 2015’.
- Confirm the court reference number matches the judgment.
- Verify the detention centre address is up‑to‑date.
- Ensure the signature field includes the presiding judge’s name and date.
- Look for any marginal notes indicating a newer version.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service cataloguenot confirmed in official source
- SRCReference to International Protection Act 2015, Section 20(12)not confirmed in official source
- SRCTypical filing process (court registry, online portal)not confirmed in official source
- SRCCommon risks and checklist items derived from standard court form practicenot confirmed in official source
- SRCNo recent amendment notices found in public Courts Service updatesnot confirmed in official source
Common confusion points
Mixing up Section 20(12) with other sections of the Act.
Leaving the judge’s signature blank or using a handwritten name.
Submitting the form after the detainee has already been moved.
Using the wrong detention centre address from an outdated list.
Failing to attach the court judgment as evidence.
Confusing this order with immigration detention forms.
Source transparency
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