Official form guide
Form No.5 Warrant of Interest-(provisional arrest)-The High Court-Section 27(1) of the Extradition Act 1965*
Form No.5 Warrant of Interest (provisional arrest) is a High Court document used under Section 27(1) of the Extradition Act 1965. It is filed when a court seeks to provisionally arrest a person for extradition purposes.
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Form Overview
Courts Service of Ireland - Form No.5 Warrant of Interest-(provisional arrest)-The High Court-Section 27(1) of the Extradition Act 1965*
Form No.5 Warrant of Interest (provisional arrest) is a High Court document used under Section 27(1) of the Extradition Act 1965. It is filed when a court seeks to provisionally arrest a person for extradition purposes.
Risk Radar
Scan points- 1The most common mistake is omitting the required foreign extradition request as an attachment.
- 2Incorrect spelling of the person's name
- 3Missing reference to Section 27(1) of the Extradition Act
- 4Failure to attach the foreign extradition request
- 5Submitting to the wrong court office
Plain English
If the State wants to temporarily detain someone while an extradition request is being processed, it uses this form to ask the High Court for a provisional arrest warrant. The form tells the court why the arrest is needed and under which legal basis.
Submission Date
- Filing date: The warrant must be filed before any physical arrest is attempted, typically within a few days of receiving the extradition request.
- 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 seeking a provisional arrest before formal extradition proceedings.
- Do not use for ordinary criminal warrants – those have separate forms.
- Applicable only for requests under the Extradition Act 1965, not for EU surrender procedures.
- Use when the person is not yet in custody and the State needs court{’}s authority to detain them.
- Required when the extradition request originates from a non‑EU country.
Form selector
Use this form or another form?
Full extradition hearing
Used after provisional arrest is granted
✓ Verify provisional arrest already issued
Surrender under EU framework
Different legal basis
✓ Check if the case falls under EU framework
Arrest of a domestic suspect
Not an extradition matter
✓ Use only for domestic crimes
Standard Arrest Warrant (Form No.3)
Deadline or filing window
The warrant must be filed before any physical arrest is attempted, typically within a few days of receiving the extradition request.
Before you submit
- 1All names spelled exactly as on passports or identity documents.
- 2Section 27(1) reference included in the heading.
- 3Foreign extradition request attached.
- 4Supporting evidence (e.g., charge sheet, evidence summary) attached.
- 5Form signed by the authorised State officer.
- 6Date entered correctly.
- 7Correct High Court office address used.
- 8Copy retained for State records.
- 9Cover letter included (if required).
- 10Postage or electronic confirmation of receipt obtained.
How to file this form
- 1Prepare the supporting extradition request and evidence.
- 2Complete Form No.5 with accurate details.
- 3Attach all required documents.
- 4Sign and date the form.
- 5Deliver the package to the High Court Registrar in person or by post.
- 6Obtain a receipt or acknowledgement of filing.
- 7Notify the relevant law enforcement agency of the provisional arrest authority.
Known limitations
- 1Only applicable to extradition requests under the 1965 Act, not EU surrender.
- 2Cannot be used if the person is already in custody.
- 3Requires a valid foreign request; the form does not create a request.
- 4Submission may be refused if any mandatory attachment is missing.
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->The form is currently in force with no recent amendments reported. Check the Courts Service website for any updates before filing.
What changed or needs a fresh check
- Confirm the form header still cites Section 27(1) of the Extradition Act 1965.
- Check if the High Court now requires electronic filing via the Courts Service portal.
- Verify that the signature block includes space for both the applicant and the Registrar.
- Ensure any new attachment checklist items are included.
Quick Facts
Form Details
- Revision date
- 19/01/26
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogueconfirmed.
- SRCSection 27(1) of the Extradition Act 1965 citationconfirmed.
- SRCFiling location (High Court Registrar)not confirmed in official source.
- SRCElectronic filing option via Courts Service portalnot confirmed in official source.
- SRCSpecific attachment checklistnot confirmed in official source.
- SRCDeadline wordingnot confirmed in official source.
Common confusion points
Mixing up provisional arrest with a full extradition order.
Using the form for EU surrender cases.
Leaving out the foreign request attachment.
Submitting to the Circuit Court instead of the High Court.
Incorrectly dating the form after the arrest has already occurred.
Failing to sign the form as an authorised officer.
Not checking whether electronic filing is now mandatory.
Source transparency
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