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Form 19.2 – Committal Warrant (Remand In The Absence Of Accused) - Criminal Procedure Act 1967, Criminal Justice (Miscellaneous Provisions) Act 1997, Criminal Procedure Act 2010

Form 19.2 is a Committal Warrant used when an accused person cannot be present in court. It relates to the Criminal Procedure Act 1967 and subsequent legislation.

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Form Overview

Form 19.2 – Committal Warrant (Remand In The Absence Of Accused) - Criminal Procedure Act 1967, Criminal Justice (Miscellaneous Provisions) Act 1997, Criminal Procedure Act 2010

Form 19.2 is a Committal Warrant used when an accused person cannot be present in court. It relates to the Criminal Procedure Act 1967 and subsequent legislation.

It captures details about the accused and the specific reason for their absence. It formally requests that the court issue a warrant allowing detention.

Risk Radar

  • Do not forget to cite the specific sections of the Criminal Procedure Act that justify the remand request.
  • Incorrectly identifying the specific criminal offence charged.
  • Failing to state the reason for absence clearly enough.
  • Missing details about where the accused is currently located.
  • Submitting it to the wrong local court office.

Plain English

This form officially tells the court that someone charged with a crime needs to stay detained (remand) because they are not there right now. You use this when the accused is missing but still needs to be held pending trial or hearing.

Submission Date

  • The form should be submitted as soon as the court requires the accused's presence and they are confirmed absent. There isn't a fixed universal deadline, but timing is critical for court schedules.
  • 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 form when an accused person needs to be held in custody because they are not present at court.
  • This warrant specifically relates to a 'Remand In The Absence Of Accused'.
  • It covers requirements set out by the Criminal Procedure Act 1967, alongside later amendments.
  • Use this when other forms might cover different stages of the criminal process.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Accused is present but needs to be heldPerhaps a standard Remand Order formThis determines *why* they are detained in courtCheck if detention is due to absence or other reasons.
The case is at the initial hearing stageNot confirmed in official source (but likely related)The specific legislative requirement dictates which warrant appliesVerify the exact procedural step.
Detention relates to a specific bail condition breachNot confirmed in official sourceIf the detention reason is clearly a breach, check for a specific Breach Warrant formEnsure the grounds match the action.
The case is being moved between courtsNot confirmed in official sourceA transfer warrant might be used alongside this oneConfirm if movement *requires* a new committal.

Deadline or filing window

The form should be submitted as soon as the court requires the accused's presence and they are confirmed absent. There isn't a fixed universal deadline, but timing is critical for court schedules.

Before you submit

  • Ensure all required sections are filled out completely and legibly.
  • Confirm the name, address, and details of the accused person are accurate.
  • Verify that the legal basis for the warrant (the specific Act/Section) is cited correctly.
  • Check that the date and time the absence occurred are clearly stated.
  • Ensure the authorizing judicial signature block is ready to be completed by a court official.
  • Confirm whether this form needs to accompany other documentation (like a charge sheet).

How to file this form

  1. 1Complete all required fields of Form 19.2 accurately.
  2. 2Have the warrant reviewed and authorized by the appropriate Court Service officer or Judge.
  3. 3File the original document with the relevant court registry where the case is heard.
  4. 4Provide copies to the accused person (or their legal representative).
  5. 5If electronic filing is required, upload the signed PDF via the designated Courts Service portal.

Known limitations

  • This form itself does not guarantee the remand will be granted; it requests it.
  • The specific grounds for detention must align with the provisions of the Criminal Procedure Act 1967.
  • Not confirmed in official source: The maximum duration this warrant can cover is not specified on the visible document.
  • It does not replace a full bail application, only addresses detention due to absence.

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Current Form Status

This is Form 19.2 from the Courts Service of Ireland. It remains relevant under several key pieces of legislation governing criminal proceedings.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check for any recent amendments to the Criminal Procedure Act 2010 requirements.
  • Verify the specific wording relating to 'Remand In The Absence Of Accused' matches current court practice.
  • Confirm the required signatory authority (e.g., Judge, Sheriff) is listed correctly on the form.
  • Review if any new procedural powers under the Criminal Justice (Miscellaneous Provisions) Act 1997 have altered completion fields.

Quick Facts

Usually, a Gardaí officer or another authorised person files this form.
It captures details about the accused and the specific reason for their absence. It formally requests that the court issue a warrant allowing detention.
This is used when the accused's presence is required but they are not physically available at the time of hearing or charge.
Submission generally goes to the relevant District Court or Circuit Court where the matter is being heard. Check local Courts Service listings for specific portals.
Submitting this correctly ensures the court has the legal authority to detain the person while awaiting their appearance. Errors can delay proceedings significantly.
Fill in all details about the accused and the alleged offence clearly. Specify why they are absent (e.g., illness, travel). Ensure the warrant request is explicit before submitting it.

Form Details

Agency
Courts Service of Ireland
Revision Date
18/10/25

Form 19.2 – Committal Warrant (Remand In The Absence Of Accused) - Criminal Procedure Act 1967, Criminal Justice (Miscellaneous Provisions) Act 1997, Criminal Procedure Act 2010

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After you file

  • Obtain a stamped or acknowledged copy of Form 19.2 for your records.
  • Track whether the court issues an order granting the remand based on this form.
  • If the accused is released, ensure the release date and time are recorded against this warrant.
  • Monitor if further hearings require renewal or variation of this Committal Warrant.

Source and verification log

  • Issued by: Courts Service of Ireland (COURTS)
  • Form Number: Form 19.2
  • Primary Legislation Cited: Criminal Procedure Act 1967
  • Secondary Legislation Cited: Criminal Justice (Miscellaneous Provisions) Act 1997 & Criminal Procedure Act 2010
  • Purpose: Committal Warrant for Remand in Absence of Accused.

Common confusion points

4 things to watch for

  • 1

    Mistaking this for a simple Notice of Appearance; this form mandates detention.

  • 2

    Not clearly stating *why* the accused is absent (e.g., illness, travel, non-appearance).

  • 3

    Failing to reference the correct section of the Criminal Procedure Act 1967 that permits the warrant.

  • 4

    Assuming filing automatically means the remand is approved; it requires judicial action.

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