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34.17 Information For Search Warrant - Criminal Damage Act, 1991 Section 13 (1)

This form is used to request a search warrant under Section 13(1) of the Criminal Damage Act, 1991. It applies when there are reasonable grounds to believe evidence of criminal damage is at a specific location.

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Form Overview

34.17 Information For Search Warrant - Criminal Damage Act, 1991 Section 13 (1)

This form is used to request a search warrant under Section 13(1) of the Criminal Damage Act, 1991. It applies when there are reasonable grounds to believe evidence of criminal damage is at a specific location.

The form captures details about the suspected offense, the specific location to be searched, items believed to be present, and the grounds for believing evidence of criminal damage will be found there.

Risk Radar

  • The most common mistake is providing insufficient specific details about where evidence is believed to be located within the premises.
  • Incomplete location details making the warrant unenforceable
  • Varying descriptions of suspected items between sections
  • Insufficient grounds provided for belief evidence will be found
  • Incorrect application of Criminal Damage Act provisions

Plain English

This form helps police officers ask a judge for permission to search a place where they think evidence of criminal damage might be found. It's a formal request that explains why the search is needed and what evidence they're looking for.

Submission Date

  • Search warrant applications should be submitted as soon as possible after the suspected criminal damage occurs, as delays may result in evidence being lost, destroyed, or concealed.
  • 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 warrant specifically under Section 13(1) of the Criminal Damage Act
  • For suspected damage to property including vehicles, buildings, or other structures
  • When evidence is believed to be at a specific location requiring police entry
  • For offenses where intent to damage or recklessness can be established
  • When the damage exceeds the minimum threshold for criminal offense

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Damage to vehiclesForm 34.18Different procedure for vehicle searchesCheck if vehicle is mobile or stationary
Damage to protected structuresForm 34.19Special provisions for heritage buildingsVerify if structure is protected under planning law
Graffiti or tagging offensesStandard search warrant formDifferent evidentiary requirementsConfirm if gang-related or organized activity
Minor damage below criminal thresholdCivil proceedingsDifferent legal approachCalculate value of damage to determine threshold

Deadline or filing window

Search warrant applications should be submitted as soon as possible after the suspected criminal damage occurs, as delays may result in evidence being lost, destroyed, or concealed.

Before you submit

  • All sections of the form completed fully
  • Specific address of location to be searched provided
  • Detailed description of suspected items/evidence
  • Clear statement of grounds for belief evidence will be found
  • Proper authorization and signatures included
  • Supporting evidence or documentation attached if available

How to file this form

  1. 1Gather all relevant information about the suspected offense
  2. 2Complete the form with specific details about location and evidence
  3. 3Obtain proper authorization from a senior officer
  4. 4Submit the completed form to the appropriate court
  5. 5Attend the warrant hearing if required
  6. 6Execute the warrant promptly if granted

Known limitations

  • This form only applies to offenses under Section 13(1) of the Criminal Damage Act
  • It cannot be used for emergency or warrantless searches
  • The warrant typically has a time limit (usually 28 days)
  • It only authorizes search of specified locations, not individuals

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Current Form Status

This form remains in active use under the Criminal Damage Act, 1991, though it's advisable to confirm the latest version with the Courts Service of Ireland before submission.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify current form version number with Courts Service website
  • Check if recent amendments to Criminal Damage Act affect this form
  • Confirm if electronic submission options are now available
  • Ensure all references to legislation are up to date
  • Check if witness statement requirements have changed

Quick Facts

This form is typically completed by a member of An Garda Síochána with sufficient knowledge of the suspected criminal damage offense.
The form captures details about the suspected offense, the specific location to be searched, items believed to be present, and the grounds for believing evidence of criminal damage will be found there.
Submit this form when there are reasonable grounds to believe evidence of criminal damage under Section 13(1) is located at a specific address and a search warrant is needed to obtain that evidence.
The form should be submitted to the District Court or relevant court where the search warrant application will be heard, typically in person during court hours.
Submitting incorrect or incomplete information could result in the warrant being refused, potentially allowing evidence to be lost or destroyed.
Complete all sections with accurate details about the suspected offense. Specify the exact location to be searched and describe the items believed to be related to the criminal damage. Provide clear facts supporting why a search is necessary. Submit the completed form to the appropriate court office.

Form Details

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

34.17 Information For Search Warrant - Criminal Damage Act, 1991 Section 13 (1)

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After you file

  • Monitor court scheduling for the warrant application hearing
  • Prepare any additional evidence requested by the court
  • Execute the warrant promptly if granted
  • Document all items seized and maintain proper chain of custody
  • Submit inventory of seized items to the court

Source and verification log

  • Form number: 34.17 (confirmed from provided information)
  • Issuing agency: Courts Service of Ireland (confirmed from provided information)
  • Purpose: Search warrant under Criminal Damage Act, 1991 Section 13(1) (confirmed from provided information)
  • Current version status: not confirmed in official source
  • Electronic submission options: not confirmed in official source
  • Specific submission procedures: not confirmed in official source
  • Recent form updates: not confirmed in official source

Common confusion points

5 things to watch for

  • 1

    Confusing this form with standard search warrant applications

  • 2

    Uncertainty about what constitutes 'criminal damage' under the Act

  • 3

    Misunderstanding the specific requirements of Section 13(1)

  • 4

    Confusion about what items can be legally seized under this warrant

  • 5

    Uncertainty about the time limits for executing the warrant

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