Form 21.6 – Warrant To Arrest (Witness Refusing To Attend)
This is Form 21.6 from the Courts Service of Ireland. It creates a formal order allowing police or court officials to arrest someone. You use it when a witness fails to show up as required.
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Form 21.6 – Warrant To Arrest (Witness Refusing To Attend)
This is Form 21.6 from the Courts Service of Ireland. It creates a formal order allowing police or court officials to arrest someone. You use it when a witness fails to show up as required.
Risk Radar
- Double-check the witness's full name against their ID documents.
- Failing to cite the correct case number/file reference.
- Not clearly stating *why* the witness is refusing attendance.
- Missing the signature of an authorised person.
- Submitting too late after the court session has already begun.
Plain English
If a person was supposed to attend court but refuses to turn up, this form lets the courts issue an arrest warrant for them. Think of it as the official paperwork that says, 'We need to bring this person in.'
Submission Date
- The timing depends on the court schedule, but ideally, submit this as soon as you know they will not attend a scheduled hearing.
- 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 this form specifically when a person was required to be a witness in court but did not show up.
- • It is used to authorize an arrest, meaning police can legally take the witness into custody.
- • Do not use this if the witness simply missed a hearing without prior notice; a different notification might suffice.
- • Use this when the failure to attend is deemed serious enough by the court to warrant immediate enforcement.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Witness failed to appear | Form 21.6 | This form specifically covers the 'Refusing To Attend' clause of service. | Ensure the witness refusal reason matches. |
| Witness needs to be summoned initially | Likely a summons notice/different warrant type | If you haven't formally requested arrest yet, use the initial summons first. | Confirm if the court already issued a preliminary order. |
| Arresting someone for contempt of court | Not confirmed in official source | While related, this might require a different specific warrant designation on Form 21.6. | Check the case file instructions. |
| Witness refuses to give evidence (after attending) | Likely another variant/addendum | If they are there but actively refusing to speak, use the form detailing that refusal instead. | Look for 'Refusal To Testify' language. |
Deadline or filing window
The timing depends on the court schedule, but ideally, submit this as soon as you know they will not attend a scheduled hearing.
Before you submit
- • All required sections (Applicant details, Witness details) must be fully completed.
- • The Judge/Magistrate granting the order must sign and date the form.
- • The case reference number from the relevant court file must be clearly written.
- • Ensure the specific grounds for arrest are detailed—why is attendance mandatory?
- • If submitted electronically, check that all digital fields have populated correctly before hitting submit.
How to file this form
- 1Complete all sections of Form 21.6 accurately in pen or digitally.
- 2Have the appropriate judicial officer sign and date the warrant.
- 3File the original form with the Court Office handling the case.
- 4Provide copies to the Garda Síochána (Irish Police) station assigned to execute the arrest.
- 5Keep a copy for your own records, noting when it was filed.
Known limitations
- • This form alone does not guarantee an arrest; execution depends on police action.
- • The validity period of the warrant is determined by the court order itself, not just the form date.
- • It does not specify *where* the witness must be arrested, only that they can be arrested.
- • Not confirmed in official source: Specific requirements for electronic vs. hard copy filing are not detailed here.
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Form 21.6 remains the standard document for issuing an arrest warrant when a witness does not attend court proceedings. Check the latest Courts Service of Ireland website for any recent digital updates or mandatory revisions.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify the current date and version number listed on the top of Form 21.6.
- • Confirm the correct issuing Court/Circuit is noted in the header section.
- • Check if there are any new mandatory fields added for digital submission via the Courts Service portal.
- • Ensure the specific legal provision under which the warrant is granted matches current legislation.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 18/10/25
Downloads
Form 21.6 – Warrant To Arrest (Witness Refusing To Attend)
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After you file
- • Track when the warrant was officially served to the arresting Gardaí.
- • Monitor the court docket to see if the arrest has been executed and recorded.
- • If the witness is arrested, confirm the details of their detention (where they are held).
- • Update your internal case file immediately with a copy of the filed Form 21.6.
Source and verification log
- • Issued by: Courts Service of Ireland (COURTS)
- • Form Number: Form 21.6
- • Purpose: To authorize arrest for witness non-attendance.
- • Context: Used within Irish judicial proceedings.
- • Not confirmed in official source: Specific court jurisdiction requirements.
Common confusion points
4 things to watch for
- 1
Mistaking this for a simple 'Summons'—Form 21.6 is an *enforcement* tool, not just a request.
- 2
Not clearly stating the reason the witness refused to attend (e.g., vague vs. actively defying court orders).
- 3
Filing it without the signature of the authorizing judge/magistrate.
- 4
Assuming the form automatically cancels itself; warrants have defined expiry dates.
Related Guides & Resources
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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).
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