Form 34.40 is a Search Warrant under the Criminal Assets Bureau Act 1996 (as amended by the Criminal Justice Act 2006). It is used by a judge or authorised officer to authorise a search for assets suspected to be linked to criminal activity.
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Form 34.40 is a Search Warrant under the Criminal Assets Bureau Act 1996 (as amended by the Criminal Justice Act 2006). It is used by a judge or authorised officer to authorise a search for assets suspected to be linked to criminal activity.
Plain English
Think of this as the official paper that lets the police or the CAB go into a property and seize money, cars or other valuables they think are tied to crime. It must be signed by a judge before any search can happen.
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| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Standard police search of premises | Form 34.30 | Covers ordinary evidence collection | Verify if assets are linked to crime before using 34.40 |
| Seizure of cash only | Form 34.35 | Simpler format for cash seizures | Use only when no other assets are involved |
| Application for a preservation order | Form 34.50 | Prevents disposal of assets before trial | Not a search warrant |
There is no fixed calendar deadline, but the warrant must be issued before any search takes place and within the period of reasonable suspicion, typically within weeks of the investigative report.
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Form 34.40 is currently the latest version; no amendments have been published since the 2006 substitution.
Agency: Courts Service of Ireland
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34.40 Search Warrant - Criminal Assets Bureau Act 1996, Section 14(1) (As Substituted By Criminal Justice Act 2006, Section 190(1))
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7 things to watch for
Mixing up Form 34.40 with the standard police search warrant (Form 34.30).
Leaving the statutory provision field blank or using the wrong section.
Providing vague premises descriptions that can be challenged.
Submitting the form after the search has already begun.
Failing to attach the required affidavit supporting reasonable suspicion.
Using an outdated version that lacks the 2006 amendment reference.
Not retaining a copy for the investigative team.
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