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Official form guide

Form 23A.8 – Committal Warrant (Remand) On Sending Forward On Issue Of Fitness To Be Tried - Criminal Law (Insanity) Act 2006, Section 4(4)

This form is a Committal Warrant (Remand) used within the Courts Service of Ireland. It specifically relates to sending someone forward for trial based on an issue concerning their fitness to be tried under Section 4(4) of the Criminal Law (Insanity) Act 2006.

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Form Overview

Courts Service of Ireland - Form 23A.8 – Committal Warrant (Remand) On Sending Forward On Issue Of Fitness To Be Tried - Criminal Law (Insanity) Act 2006, Section 4(4)

This form is a Committal Warrant (Remand) used within the Courts Service of Ireland. It specifically relates to sending someone forward for trial based on an issue concerning their fitness to be tried under Section 4(4) of the Criminal Law (Insanity) Act 2006.

It captures details about the individual needing remand, the specific grounds related to their mental state (insanity), and the formal order for continued detention issued by the court.

Risk Radar

Scan points
  • 1Do not forget to cite the specific section (Section 4(4)) of the Criminal Law (Insanity) Act 2006.
  • 2Failing to specify the relevant section (4(4)) of the Act.
  • 3Incorrectly identifying the person being remanded.
  • 4Not attaching the original court order authorizing the remand.
  • 5Missing details about why fitness is in doubt.

Plain English

Think of this as a court document that formally orders someone to remain in custody while the courts decide if they are fit enough to stand trial. It is used when there are doubts about whether the person is mentally capable of facing charges. This form confirms the need for continued detention pending that fitness determination.

Submission Date

  • Filing date: The form must be filed promptly after the judicial decision confirming the need for a committal warrant on grounds of fitness is made. Check your court diary for exact procedural deadlines.
  • 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

Hover a term to preview the meaning.

What this form is for

  • Use this form when someone needs to be sent forward for trial.
  • The person's fitness to stand trial is in question due to an insanity issue.
  • This specifically applies under Section 4(4) of the Criminal Law (Insanity) Act 2006.
  • It confirms a remand order while the court assesses their ability to be tried.

Form selector

Use this form or another form?

General Committal Warrant

If fitness isn't the main issue

✓ Check if the primary reason is insanity related

Form 23A.1 (or similar)

Fitness to Try Only

If you only need a declaration, not a full warrant

✓ Verify section reference

Not confirmed in official source

Remand Order General

For standard pre-trial detention needs

✓ Ensure Section 4(4) context is clear

Not confirmed in official source

Deadline or filing window

The form must be filed promptly after the judicial decision confirming the need for a committal warrant on grounds of fitness is made. Check your court diary for exact procedural deadlines.

Before you submit

  1. 1All required fields are filled out completely.
  2. 2The date of the warrant/order is correctly entered.
  3. 3The name and details of the person are accurate.
  4. 4The specific grounds relating to Section 4(4) are documented clearly.
  5. 5Signatures (Judge/Magistrate/Clerk) are present where needed.

How to file this form

  1. 1Complete all sections of Form 23A.8.
  2. 2Obtain necessary signatures from the relevant judicial officer.
  3. 3File the original with the designated Courts Service registry.
  4. 4Keep a copy for your own records.
  5. 5Ensure any accompanying evidence is referenced on the form.

Known limitations

  1. 1This form only covers committal *on* the issue of fitness to be tried.
  2. 2It does not cover all types of remand orders (e.g., bail conditions).
  3. 3The specific court requirements might dictate additional annexures are needed.
  4. 4Not confirmed in official source

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

This is a specific Committal Warrant (Remand) used by the Courts Service. It relates directly to matters under Section 4(4) of the Criminal Law (Insanity) Act 2006.

What changed or needs a fresh check

  • Check the date printed on the form for currency.
  • Confirm the exact wording matches 'Section 4(4)' of the Act.
  • Verify if any specific court jurisdiction notes have been added recently.
  • Ensure the title clearly states '(Remand) On Sending Forward'.
  • Not confirmed in official source

Quick Facts

Typically, this form is prepared and submitted by legal professionals involved in the case, such as a barristers or solicitors acting on behalf of the defendant.
It captures details about the individual needing remand, the specific grounds related to their mental state (insanity), and the formal order for continued detention issued by the court.
This form is used when the decision has been made that the person requires a remand period because their fitness to be tried is under question. The exact timing depends on the judicial timeline of the proceedings.
Submission usually goes through the relevant local courthouse or directly to the Courts Service of Ireland portal, depending on the specific court requirements.
Submitting this form correctly ensures the person remains lawfully detained while their fitness is assessed. Errors can lead to delays in trial commencement or unnecessary release.
First, fill in all personal and case details accurately. Next, clearly state the justification referencing Section 4(4) of the Act. Finally, ensure the court order authorizing the remand is attached before submission.

Form Details

Revision date
18/10/25

Downloads & source

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Sources

  • SRCIssued by: Courts Service of Ireland (COURTS)
  • SRCForm Number: Form 23A.8
  • SRCAct Reference: Criminal Law (Insanity) Act 2006
  • SRCSpecific Section: Section 4(4)
  • SRCNot confirmed in official source: Who must sign the warrant.

Common confusion points

Confusing it with a standard bail application form.

Forgetting to specify *why* Section 4(4) applies to the case.

Thinking this automatically means the person is guilty; it only relates to fitness for trial.

Not clearly stating that the warrant itself dictates the remand.

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Source transparency

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