No. 42  Court of Appeal - Military - Warrant for Arrest of Appellant Whose Sentence Has Been Suspended

What this form is for

• • Use when a military appellant’s suspended sentence is being revoked.
• • Do not use for civilian criminal cases – those have separate warrant forms.
• • Do not use for initial sentencing – this is only for post‑suspension arrest.
• • If the appellant is a civilian contractor, a different civil court form applies.
• • When the breach is administrative (e.g., failure to report), a disciplinary notice may be required instead.

Use this form or another form?

Deadline or filing window

The warrant should be issued within five working days of the court’s decision to revoke the suspension.

Before you submit

• • Appellant’s full name, rank and service number entered correctly
• • Original sentencing order attached
• • Clear description of the breach and legal basis
• • Judge’s signature and seal present
• • Date of issuance filled in
• • Form version checked for latest revision
• • Secure portal login credentials ready
• • Recipient Garda district confirmed
• • Copy retained for court records
• • Postage address verified if sending hard copy

How to file this form

1. 1Locate the appellant’s case file in the Court of Appeal docket.
2. 2Complete all required fields on Form No. 42.
3. 3Attach the original sentencing order and any breach evidence.
4. 4Obtain the judge’s signature and seal.
5. 5Submit electronically via the Courts Service portal or mail the hard copy to the designated Garda district office.
6. 6Record the submission reference number in the case file.
7. 7Notify the appellant’s commanding officer of the warrant issuance.

Known limitations

• • Form is only valid for military personnel subject to the Defence Forces Act.
• • Cannot be used for civil or family law matters.
• • Electronic submission requires a Courts Service user account.
• • Paper copies must be on official court headed stationery.
• • No provision for joint civilian‑military cases.