Form 23A.7 – Order Sending Forward On Issue Of Fitness To Be Tried - Criminal Law (Insanity) Act 2006, Section 4(4)
This form is an official order from the Courts Service of Ireland related to criminal cases involving insanity under the Criminal Law (Insanity) Act 2006. Use Form 23A.7 when a decision needs to be made regarding whether someone is fit to stand trial.
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Form 23A.7 – Order Sending Forward On Issue Of Fitness To Be Tried - Criminal Law (Insanity) Act 2006, Section 4(4)
This form is an official order from the Courts Service of Ireland related to criminal cases involving insanity under the Criminal Law (Insanity) Act 2006. Use Form 23A.7 when a decision needs to be made regarding whether someone is fit to stand trial.
Risk Radar
- Double-check that Section 4(4) of the Act is correctly cited on the form.
- Incorrectly citing the Criminal Law (Insanity) Act 2006 section.
- Omitting details of the specific court order being issued.
- Submitting it to the wrong local Court Service office.
- Failing to properly sign or date the document.
Plain English
If a court case involves someone who might not be of sound mind, this form helps move the process along. It formally records the order that sends the matter forward for a fitness assessment or hearing. This ensures the right steps are taken before the main trial can proceed in Irish courts.
Submission Date
- There is no universal deadline listed; submission must occur promptly after the court issues the order regarding fitness. Delays can significantly impact trial scheduling.
- 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 when a court needs to formally send a case forward based on an insanity finding.
- • It is required after assessing whether a defendant meets the criteria for fitness to be tried under the 2006 Act.
- • This specific form handles the 'sending forward' aspect of the order, not just the initial determination.
- • Use it when Section 4(4) specifically applies to the case circumstances.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Initial Fitness Hearing Order | Form 23A.x (other variant) | If you are only determining fitness, not sending forward yet | Check if your order is just a 'determination' or a 'forwarding' order. |
| General Court Summons/Order | Various Forms | For standard court directions unrelated to insanity fitness | Confirm the form explicitly mentions 'Criminal Law (Insanity) Act 2006'. |
| Insolvency Fitness Order | Form Not Confirmed in Official Source | If the case involves financial capacity rather than mental state for trial | Verify if the order references criminal proceedings. |
| Section 4(3) Order | Form 23A.y (other variant) | If the order is based on Section 4(3) instead of 4(4) | Ensure the section number matches your legal basis. |
Deadline or filing window
There is no universal deadline listed; submission must occur promptly after the court issues the order regarding fitness. Delays can significantly impact trial scheduling.
Before you submit
- • Ensure all parties involved in the case (Prosecution/Defence) have signed where required.
- • Verify that the defendant's full name and relevant PPSN/ID number are correctly entered.
- • Confirm the specific section of the Act being invoked is clearly noted (Section 4(4)).
- • Check that there is a clear, concise statement explaining *why* the case must be sent forward.
- • Make sure the court's seal or signature block is ready to be completed by the presiding judge/magistrate.
- • Review all dates—the date of hearing and the proposed order date must align.
How to file this form
- 1Complete all required fields on Form 23A.7 legibly.
- 2Attach supporting documentation, such as the Fitness to Be Tried report or witness statements.
- 3Present the completed form to the court clerk for initial review and stamping.
- 4Have the presiding judicial officer sign and date the order.
- 5File the original signed copy with the main case file held by the Courts Service.
- 6Provide copies to all involved parties (Defence, Prosecution).
Known limitations
- • The form itself does not guarantee a specific outcome; it only formalises the decision to send forward.
- • It is an order document, meaning its legal weight comes from the court issuing it, not just the paperwork.
- • Not confirmed in official source: Specific requirements for accompanying documentation are not listed on this basic form view.
- • The validity of the order depends on correct application of Section 4(4) rules.
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This is an official order from the Courts Service of Ireland. It specifically relates to decisions made under Section 4(4) of the Criminal Law (Insanity) Act 2006.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check the date stamp to ensure you are using the most current version.
- • Verify if any specific mandatory fields have been added or removed in recent updates.
- • Confirm the exact citation of the Act (Criminal Law (Insanity) Act 2006).
- • Look for changes regarding required signatory details from the Courts Service.
- • Check if there are new options for 'Reason for Sending Forward' listed.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 18/10/25
Downloads
Form 23A.7 – Order Sending Forward On Issue Of Fitness To Be Tried - Criminal Law (Insanity) Act 2006, Section 4(4)
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After you file
- • Ensure a certified copy is distributed to the Defence solicitor and Prosecution barrister/solicitor.
- • Update internal case management systems (e.g., within the local Circuit Court office).
- • Inform all relevant parties that the 'sending forward' process has officially commenced.
- • Track the next scheduled hearing date related to this order.
Source and verification log
- • Issued by: Courts Service of Ireland (COURTS)
- • Form Number: Form 23A.7
- • Legal Basis: Criminal Law (Insanity) Act 2006
- • Specific Provision: Section 4(4)
- • Not confirmed in official source: The exact title of the issuing court is not specified.
- • Not confirmed in official source: Whether it must be filed electronically or physically first.
Common confusion points
5 things to watch for
- 1
Mistaking this form for a simple application—it is an *Order*, meaning it directs action.
- 2
Not clearly stating *to whom* the case is being sent forward (e.g., another court, specific division).
- 3
Failing to link the order back to the initial fitness hearing record.
- 4
Using this form when the decision is merely 'Fit' or 'Unfit' without needing further action/transfer.
- 5
Omitting the specific reference to Section 4(4) of the Act.
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