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Official form guide

Form 48 - Notice Of Intention To Adduce Evidence As To Mental Condition (Section 19, Criminal Law (Insanity) Act 2006

Form 48 is a notice filed with the Courts Service of Ireland to inform the court that a party intends to adduce evidence about a mental condition under Section 19 of the Criminal Law (Insanity) Act 2006. It is used in criminal cases where mental health is raised as a defence.

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Form Overview

Courts Service of Ireland - Form 48 - Notice Of Intention To Adduce Evidence As To Mental Condition (Section 19, Criminal Law (Insanity) Act 2006

Form 48 is a notice filed with the Courts Service of Ireland to inform the court that a party intends to adduce evidence about a mental condition under Section 19 of the Criminal Law (Insanity) Act 2006. It is used in criminal cases where mental health is raised as a defence.

It records the intention to present mental‑condition evidence, the type of evidence, and any expert witness details.

Risk Radar

Scan points
  • 1Submitting after the trial has started often leads to the evidence being rejected.
  • 2Missing the filing deadline
  • 3Leaving out expert witness details
  • 4Failing to attach supporting reports
  • 5Submitting to the wrong court registry

Plain English

If you or your solicitor plan to rely on a mental‑health argument in a criminal trial, you must complete this form to tell the judge and the prosecution. It lets the court organise any expert reports or witnesses before the hearing.

Submission Date

  • Filing date: The notice must be filed before the trial begins or within any time limit set by the judge.
  • 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

  • When you plan to rely on a mental‑health defence in a criminal trial.
  • When you need to inform the court before presenting psychiatric evidence.
  • When the defence is based on the criteria set out in Section 19 of the 2006 Insanity Act.
  • When the prosecution has not yet raised the issue of mental condition.
  • When you want a formal record of your intention to present such evidence.

Form selector

Use this form or another form?

General defence notice

May be used for non‑mental‑health defences

✓ Verify the defence type before filing

Not confirmed in official source

Application for psychiatric assessment

Requests a court‑ordered medical report

✓ Confirm the need for a formal assessment

Not confirmed in official source

Notice of intention to rely on alibi

Different defence strategy

✓ Ensure alibi is appropriate and timely

Not confirmed in official source

Deadline or filing window

The notice must be filed before the trial begins or within any time limit set by the judge.

Before you submit

  1. 1Print the form on plain A4 paper if filing a hard copy.
  2. 2Complete all required fields in block capitals.
  3. 3Sign and date the notice where required.
  4. 4Attach a brief summary of the intended mental‑condition evidence.
  5. 5Include any supporting medical reports or expert statements.
  6. 6Check that the correct filing fee (if any) is attached.
  7. 7Ensure the notice is served on the prosecutor and the defence solicitor.
  8. 8Keep a dated copy for your own records.

How to file this form

  1. 1Obtain Form 48 from the Courts Service website or a court office.
  2. 2Fill in the case details, parties, and your intention to adduce evidence.
  3. 3Attach a concise description of the mental‑condition evidence you will rely on.
  4. 4Sign and date the completed form.
  5. 5Submit the original to the court registry (in person or via the Courts Service e‑filing portal).
  6. 6Obtain a receipt or filing confirmation from the clerk.
  7. 7Serve a copy on the opposing party and their solicitor.

Known limitations

  1. 1The form does not replace a full application for a psychiatric report.
  2. 2It does not guarantee the court will accept the evidence.
  3. 3Only relevant to criminal cases where Section 19 applies.
  4. 4Late filing may be rejected if the court sets a deadline.
  5. 5The form provides no guidance on the content of medical reports.

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

Form 48 is currently accepted by the Courts Service of Ireland for filing a notice of intention to adduce mental‑condition evidence under Section 19 of the Criminal Law (Insanity) Act 2006. No recent amendments are recorded.

What changed or needs a fresh check

  • Check the form header for the latest revision date.
  • Confirm the form number is 48 and the title matches the notice purpose.
  • Verify the reference to Section 19 of the Criminal Law (Insanity) Act 2006 is present.
  • Ensure any attached schedules or annexes are the current versions.
  • Confirm the court name and case number fields are filled correctly.

Quick Facts

The accused or their legal representative files the form.
It records the intention to present mental‑condition evidence, the type of evidence, and any expert witness details.
It must be lodged before the court schedules the trial or as directed by the judge.
Submit the completed form to the registry of the court handling the case, either in person, by post, or via the Courts Service online portal if available.
Late or incomplete notices can cause the evidence to be excluded, harming the defence.
1. Obtain Form 48 from the Courts Service website or the court registry. 2. Fill in the party’s name, case number, and describe the mental‑condition evidence you intend to use. 3. Attach any supporting reports or expert details. 4. Sign the form and deliver it to the court registry before the deadline. Keep a copy for your records.

Form Details

Revision date
20/02/26

Downloads & source

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Sources

  • SRCForm title and number as provided in user prompt.
  • SRCReference to Section 19 of the Criminal Law (Insanity) Act 2006 as stated in prompt.
  • SRCIssuing agency identified as Courts Service of Ireland.
  • SRCPurpose inferred from form namenotice of intention to adduce mental‑condition evidence.
  • SRCNo official source available; details not confirmed in official source.

Common confusion points

Mixing up Form 48 with other defence notices.

Leaving the case number or court name blank.

Failing to attach a summary of the intended evidence.

Submitting the form after the court’s deadline for notices.

Not serving a copy on the opposing side.

Unclear whether a filing fee is required.

Using the wrong version of the form.

Signing the form in the wrong place.

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