District Court Rules
Schedule: B - Forms in criminal proceedings Form: 17.5 Warrant To Detain - Offences Against The State Act 1939, section 30(4A) (as inserted by Offences Against The State (Amendment) Act 1998)
S.I. No. 33 of 2010
Schedule B
O17. r.7(2)
17.5
OFFENCES AGAINST THE STATE ACT 1939, Section 30(4A) (as inserted by Offences Against the State (Amendment) Act 1998)
WARRANT TO DETAIN
District Court Area of
District No.
WHEREAS from the application of ..................... of ............................ a member of the Garda Síochána not below the rank of Superintendent, it appears that ....................................., was arrested on the ...... day of ............. 20 ... at .......... a.m./p.m. pursuant to the provisions of section 30 of the above-mentioned Act on suspicion of having committed an offence, to wit
...............................................
and is at present detained pursuant to a direction under section 30(3) of the said Act,
AND WHEREAS on the hearing of said application pursuant to section 30(4) of the said Act for a warrant authorising the further detention of .............. whose current period of detention expires on the ..... day of .............. 20... at ...... a.m./p.m. or on the determination of said application
THE SAID .................., being the person to whom the application relates, having been produced before me,
*HAVING HEARD the oral evidence on oath of the said applicant and what was submitted on behalf of the said applicant
*AND, considering it to be in the interests of justice to do so, having directed that another member of the Garda Síochána, namely ............ of ............................, give oral evidence, having adjourned the hearing of the application for the purpose of receiving such evidence and having received and heard that evidence
*HAVING HEARD the oral evidence on oath of *(and on behalf of) the said person to whom the application relates and what was submitted on behalf of the said person
I AM SATISFIED THAT such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.
I HEREBY AUTHORISE the detention of ...................... for a further period of .......... hours, such period of detention to commence at the expiry of the period of detention authorised by section 30(3) of the said Act or, if later, on the determination of the application by the issuing of this warrant.
Dated and issued this ......... day of ................ 20 .... at ................ a.m./p.m.
Signed ........................................
Judge of the District Court
To: Superintendent of the Garda Síochána at .............................
*Delete where inapplicable |