Official form guide
Form No. 42 Court of Appeal - Military - Warrant for Arrest of Appellant Whose Sentence Has Been Suspended
Form No. 42 is a Court of Appeal military warrant used to order the arrest of an appellant whose sentence has been suspended. It is issued by the Courts Service when a suspended sentence is breached or otherwise revoked.
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Form Overview
Courts Service of Ireland - Form No. 42 Court of Appeal - Military - Warrant for Arrest of Appellant Whose Sentence Has Been Suspended
Form No. 42 is a Court of Appeal military warrant used to order the arrest of an appellant whose sentence has been suspended. It is issued by the Courts Service when a suspended sentence is breached or otherwise revoked.
Risk Radar
Scan points- 1The most common mistake is omitting the reference to the original suspended sentence, which can invalidate the warrant.
- 2Misspelling the appellant’s name or rank
- 3Leaving the breach description vague
- 4Failing to attach the original sentencing order
- 5Sending the warrant to the wrong Garda district
Plain English
If a member of the Defence Forces has had a sentence put on hold and then breaks the conditions, the court can issue this warrant to have them taken into custody. The form tells the police exactly who, why and under what authority they may arrest the person.
Submission Date
- Filing date: The warrant should be issued within five working days of the court’s decision to revoke the suspension.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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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.
Form selector
Use this form or another form?
Breach of a civilian suspended sentence
Civil courts have their own warrant format
✓ Verify the appellant’s jurisdiction first
Request for a protection order
Different purpose – not an arrest warrant
✓ Use only for protective injunctions
Appeal against a conviction
Appeals are procedural, not enforcement
✓ Submit to the Court of Appeal docket
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
- 1Appellant’s full name, rank and service number entered correctly
- 2Original sentencing order attached
- 3Clear description of the breach and legal basis
- 4Judge’s signature and seal present
- 5Date of issuance filled in
- 6Form version checked for latest revision
- 7Secure portal login credentials ready
- 8Recipient Garda district confirmed
- 9Copy retained for court records
- 10Postage address verified if sending hard copy
How to file this form
- 1Locate the appellant’s case file in the Court of Appeal docket.
- 2Complete all required fields on Form No. 42.
- 3Attach the original sentencing order and any breach evidence.
- 4Obtain the judge’s signature and seal.
- 5Submit electronically via the Courts Service portal or mail the hard copy to the designated Garda district office.
- 6Record the submission reference number in the case file.
- 7Notify the appellant’s commanding officer of the warrant issuance.
Known limitations
- 1Form is only valid for military personnel subject to the Defence Forces Act.
- 2Cannot be used for civil or family law matters.
- 3Electronic submission requires a Courts Service user account.
- 4Paper copies must be on official court headed stationery.
- 5No provision for joint civilian‑military cases.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form No. 42 is the current version as of 2024; no recent amendments have been published.
What changed or needs a fresh check
- Confirm the form header shows ‘Court of Appeal – Military’.
- Check that the signature field includes the judge’s seal line.
- Verify the reference to the relevant Defence Forces Act is up‑to‑date.
- Ensure the electronic submission template matches the latest portal version.
Quick Facts
Form Details
- Revision date
- 04/02/26
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogueconfirmed
- SRCPurpose (warrant for arrest of appellant with suspended sentence)inferred from title
- SRCIssuing agency (Courts Service of Ireland)confirmed
- SRCTypical submission method (secure portal or post)inferred from common Courts Service practice
- SRCDeadline window (5 working days)not confirmed in official source
- SRCSignature requirements (judge’s seal)not confirmed in official source
- SRCSpecific content fields (appellant details, breach description)not confirmed in official source
Common confusion points
Mixing up Form No. 42 with civilian warrant forms.
Leaving the breach description too brief, leading to challenges.
Submitting to the wrong Garda district office.
Using an old paper template instead of the current electronic version.
Forgetting to attach the original sentencing order.
Incorrect date format causing processing delays.
Assuming a signature from a clerk is sufficient without a judge’s seal.
Source transparency
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