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Official form guide

Form No. 1 Order of Habeas Corpus Ad Subjiciendum

The No. 1 Order of Habeas Corpus Ad Subjiciendum is a legal form issued by the Courts Service of Ireland. It is used to challenge the lawfulness of a person's detention by requiring authorities to bring the detained person before a court.

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Form Overview

Courts Service of Ireland - Form No. 1 Order of Habeas Corpus Ad Subjiciendum

The No. 1 Order of Habeas Corpus Ad Subjiciendum is a legal form issued by the Courts Service of Ireland. It is used to challenge the lawfulness of a person's detention by requiring authorities to bring the detained person before a court.

This form captures information about the person being detained, the reason for detention, and requests the court to determine if the detention complies with legal requirements.

Risk Radar

Scan points
  • 1The most common mistake is missing the strict time limit for challenging detention.
  • 2Missing strict time limits for challenging detention
  • 3Incorrectly identifying the detaining authority
  • 4Failure to provide sufficient evidence of detention
  • 5Incomplete form submission leading to rejection

Plain English

This form helps someone who is being held against their will to ask a court to review if their detention is legal. It's a fundamental legal remedy in Irish law that allows people to challenge why they're being detained.

Submission Date

  • Filing date: Habe corpus petitions must generally be filed without delay after detention occurs, with strict time limits that may vary depending on the circumstances of detention.
  • 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 challenging the legality of detention
  • Use this form if you believe you are being held without proper legal authority
  • Use this form when seeking immediate court review of detention
  • Do not use this form for routine court appearances or other legal matters

Form selector

Use this form or another form?

Situation of immigration detention

Different legal standards apply

✓ Check detention category first

Immigration review form

Situation of criminal detention

Different legal procedures and rights

✓ Consult criminal defense solicitor

Criminal bail application

Situation of mental health detention

Different legal tests and procedures

✓ Confirm detention type

Mental health tribunal application

Situation of child detention

Special protections apply

✓ Verify age and circumstances

Youth justice procedures

Deadline or filing window

Habe corpus petitions must generally be filed without delay after detention occurs, with strict time limits that may vary depending on the circumstances of detention.

Before you submit

  1. 1Verify you have the correct version of the form
  2. 2Complete all required personal information fields
  3. 3Provide accurate details of the detaining authority
  4. 4Include specific dates and times of detention
  5. 5Attach any relevant supporting documents
  6. 6Confirm court fees are paid or exemption applies
  7. 7Check if witness statements are required
  8. 8Verify submission deadline has not passed

How to file this form

  1. 1Obtain the correct No. 1 Order of Habeas Corpus Ad Subjiciendum form
  2. 2Complete all required sections with accurate information
  3. 3Gather supporting documentation evidence
  4. 4Submit to the appropriate court registry
  5. 5Pay any required court fees or apply for exemption
  6. 6Obtain proof of submission
  7. 7Attend any required court hearings

Known limitations

  1. 1This form only challenges the legality of detention, not the underlying charges
  2. 2Success depends on meeting specific legal requirements for unlawful detention
  3. 3Emergency detention may have different procedures and time limits
  4. 4Some detention circumstances may require specialized legal representation

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 form remains an essential legal remedy in Ireland. Always check with the Courts Service for the most current requirements as procedures may change.

What changed or needs a fresh check

  • Check if form has been updated since your last use
  • Verify court fees or payment requirements may have changed
  • Confirm submission procedures may have been modified
  • Check if supporting documentation requirements have changed

Quick Facts

This form is typically filed by a person who is detained and wants to challenge the legality of their detention, or by someone acting on their behalf.
This form captures information about the person being detained, the reason for detention, and requests the court to determine if the detention complies with legal requirements.
This form should be submitted as soon as possible after detention occurs, as there are typically strict time limits for challenging detention.
The form is submitted to the appropriate court in Ireland, usually through the Courts Service of Ireland in person or by post. Online submission options may be available for some courts.
Submitting this form correctly is crucial as errors or delays could result in continued unlawful detention or missed opportunities to challenge detention.
Complete the form with all required personal details and information about the detention. Attach any relevant supporting documents. Submit to the appropriate court registry or through the designated online portal if available.

Form Details

Revision date
30/01/26

Downloads & source

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Sources

  • SRCForm name and number confirmed from provided information
  • SRCIssuing agency confirmed as Courts Service of Ireland
  • SRCPurpose of form inferred from legal term 'Habeas Corpus'
  • SRCSubmission methods not confirmed in official source
  • SRCCurrent status not confirmed in official source
  • SRCDeadline details not confirmed in official source
  • SRCSpecific form requirements not confirmed in official source
  • SRCRecent changes to form not confirmed in official source

Common confusion points

Confusion about who can submit the form (detained person or representative)

Uncertainty about which court has jurisdiction

Misunderstanding about what constitutes unlawful detention

Confusion about required supporting documentation

Unclear about time limits for submission

Confusion about court fees and payment procedures

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BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.

CC BY 4.0Creative Commons Attribution 4.0 International. Free to copy, modify, and distribute — even commercially — with attribution.
All Rights ReservedAll rights reserved by the copyright holder. Not licensed for open use. May only be used with explicit permission or under fair dealing/fair use.
All Rights ReservedAll rights reserved by the copyright holder. Not licensed for open use. May only be used with explicit permission or under fair dealing/fair use.
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