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34.1 Information For Search Warrant - Criminal Justice (Theft And Fraud Offences) Act 2001, Section 48(2) (As Substituted By Criminal Justice Act 2006, Section 192(1)(A))

Form 34.1 is used by the Courts Service of Ireland to gather information required for a search warrant under the Criminal Justice (Theft and Fraud Offences) Act 2001, as amended by the Criminal Justice Act 2006. It is completed by a gardaí officer or prosecutor before a judge can issue a warrant.

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Form Overview

34.1 Information For Search Warrant - Criminal Justice (Theft And Fraud Offences) Act 2001, Section 48(2) (As Substituted By Criminal Justice Act 2006, Section 192(1)(A))

Form 34.1 is used by the Courts Service of Ireland to gather information required for a search warrant under the Criminal Justice (Theft and Fraud Offences) Act 2001, as amended by the Criminal Justice Act 2006. It is completed by a gardaí officer or prosecutor before a judge can issue a warrant.

The form records the offence details, suspected location, items sought, and the legal basis for the search.

Risk Radar

  • The most common mistake is leaving the legal basis (section reference) blank or wrong.
  • Missing or incorrect legal citation
  • Wrong address or description of premises
  • Insufficient detail about items to be seized
  • Failure to attach supporting affidavit

Plain English

If a police officer needs a court order to search a property for evidence of theft or fraud, they fill out this form. It tells the judge why the search is justified and what they expect to find.

Submission Date

  • There is no fixed calendar deadline, but the form must be filed before the judge signs the warrant—typically within a few days of the investigative decision.
  • 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

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What this form is for

  • Use when seeking a search warrant for theft or fraud offences under the 2001 Act.
  • Do not use for non‑theft crimes such as assault or drug offences.
  • If the search relates to a civil matter, a different court order form is required.
  • When the search involves a commercial premises, ensure the inventory list is attached.
  • Use this form after a gardaí investigation has identified probable cause.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Search for drugsForm 34.2Covers Controlled Substances Act searchesVerify offence type first
Civil injunction for property accessForm 35.1Civil procedure, not criminalUse only for civil cases
Emergency entry without warrantForm 34.3Applies when imminent loss of evidenceConfirm emergency criteria

Deadline or filing window

There is no fixed calendar deadline, but the form must be filed before the judge signs the warrant—typically within a few days of the investigative decision.

Before you submit

  • All offender and location details are correct.
  • Legal citation (Section 48(2) as substituted) is entered.
  • Supporting affidavit signed and dated.
  • Inventory of items to be seized attached.
  • Signature of the authorised gardaí officer.
  • Form printed clearly or PDF is legible.
  • Submitted through the correct court registry.
  • Copy retained for the case file.
  • Confirmation receipt from the court saved.

How to file this form

  1. 1Prepare supporting affidavit and inventory list.
  2. 2Complete Form 34.1 on the Courts Service e‑filing portal.
  3. 3Upload all attachments as PDF files.
  4. 4Review for completeness and correct citations.
  5. 5Submit and note the electronic receipt number.
  6. 6If filing in person, deliver printed form and attachments to the court registry.
  7. 7Obtain a stamped copy as proof of filing.

Known limitations

  • Form only covers theft and fraud offences; other crimes require different forms.
  • Electronic submission may not be accepted by all district courts yet.
  • The form does not include a field for multiple premises – separate forms are needed.
  • No built‑in validation for inventory quantities; must be checked manually.

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Current Form Status

Form 34.1 is currently the up‑to‑date version and remains valid. No major revisions have been published since the 2006 amendment.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the section reference reflects the 2006 substitution (Section 192(1)(A)).
  • Check that the latest court e‑filing guidelines are applied.
  • Verify the required supporting affidavit format.
  • Ensure the inventory list template matches the current version.
  • Review any recent practice directions from the Courts Service.

Quick Facts

A gardaí officer or a prosecuting solicitor prepares and submits this form.
The form records the offence details, suspected location, items sought, and the legal basis for the search.
It is completed immediately after an investigation identifies a need for a search, before the warrant is applied for.
The form is lodged with the relevant District Court via the Courts Service e-filing portal or delivered in person to the court registry.
Accurate information ensures the judge can grant a lawful warrant; errors can lead to the warrant being refused or later challenges in court.
1. Gather case notes, witness statements and any prior authorisation. 2. Fill in the offence, suspect and location details on the form. 3. Attach supporting documents such as affidavits or inventory lists. 4. Submit electronically through the Courts Service portal or hand it to the court clerk. 5. Keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

34.1 Information For Search Warrant - Criminal Justice (Theft And Fraud Offences) Act 2001, Section 48(2) (As Substituted By Criminal Justice Act 2006, Section 192(1)(A))

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After you file

  • Await the judge’s decision and the warrant issuance.
  • If the warrant is granted, schedule the search operation.
  • Notify all relevant officers of the warrant details.
  • Record the warrant number in the case file.
  • Prepare a post‑search report for the court.
  • Store all seized items according to evidence handling rules.

Source and verification log

  • Form title and number from Courts Service publication list.
  • Reference to Criminal Justice (Theft and Fraud Offences) Act 2001, Section 48(2) as substituted by Criminal Justice Act{2006}, Section 192(1)(A). not confirmed in official source for exact wording of instructions.

Common confusion points

7 things to watch for

  • 1

    Mixing up Section 48(2) with Section 192(1)(A) citations.

  • 2

    Leaving the ‘date of investigation’ field blank.

  • 3

    Attaching the wrong version of the inventory list.

  • 4

    Submitting the form to the wrong district court.

  • 5

    Using an electronic signature where a wet signature is required.

  • 6

    Assuming the form covers drug‑related searches.

  • 7

    Failing to include a sworn affidavit.

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