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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))

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 Overview

34.40 Search Warrant - Criminal Assets Bureau Act 1996, Section 14(1) (As Substituted By Criminal Justice Act 2006, Section 190(1))

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.

The form records the target’s details, the premises to be searched, the specific assets sought, and the legal basis for the search.

Risk Radar

  • The most common error is forgetting the judge’s signature, which invalidates the warrant.
  • Missing judge’s signature
  • Incorrect address or description of premises
  • Leaving out the statutory provision
  • Failing to attach supporting affidavit

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.

Submission Date

  • 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.
  • 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

  • When a search for criminal assets is needed under the CAB Act.
  • When the search involves real property, vehicles, bank accounts, or other high‑value items.
  • When a judge’s authorisation is required before any seizure.
  • When the investigation is led by the Criminal Assets Bureau or a gardaí unit with CAB powers.
  • When the search is not covered by a standard police search warrant (Form 34.30).

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard police search of premisesForm 34.30Covers ordinary evidence collectionVerify if assets are linked to crime before using 34.40
Seizure of cash onlyForm 34.35Simpler format for cash seizuresUse only when no other assets are involved
Application for a preservation orderForm 34.50Prevents disposal of assets before trialNot a search warrant

Deadline or filing window

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.

Before you submit

  • Applicant’s full name and official title entered
  • Correct case reference number
  • Accurate address and description of premises
  • Detailed list of assets to be searched
  • Statutory provision cited correctly
  • All supporting affidavits attached
  • Judge’s signature and date present
  • Form printed on official court stationery
  • Copy retained for records
  • Delivery method (in‑person or courier) confirmed

How to file this form

  1. 1Prepare investigative summary and affidavits.
  2. 2Complete the applicant and case details on Form 34.40.
  3. 3Enter precise premises description and asset list.
  4. 4Attach all supporting documents.
  5. 5Obtain the judge’s signature and date.
  6. 6Make two copies: one for the court, one for the investigating team.
  7. 7Deliver the original to the District Court registry or CAB office.

Known limitations

  • Form only applies to assets covered by the CAB Act, not ordinary evidence.
  • Cannot be used for searches outside the Republic of Ireland.
  • Requires a judge’s authorisation; not a self‑issued warrant.
  • Must be filed before the search; post‑search applications are invalid.

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Current Form Status

Form 34.40 is currently the latest version; no amendments have been published since the 2006 substitution.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows the 2006 substitution reference.
  • Check that the statutory provision field lists Section 14(1) as amended.
  • Verify the judge’s signature block matches the current layout.
  • Ensure the supporting affidavit attachment page is included.
  • Review any marginal notes for recent procedural updates.

Quick Facts

A judge, the Director of the Criminal Assets Bureau, or a senior garda officer applying for a warrant must complete the form.
The form records the target’s details, the premises to be searched, the specific assets sought, and the legal basis for the search.
It is filed when investigators have reasonable suspicion and need court authority before entering premises or seizing assets.
Submit the completed form to the relevant District Court registry or the Central Criminal Assets Bureau office, usually in person or by secure courier.
A correctly completed warrant protects the search from being challenged in court and avoids evidence being ruled inadmissible.
1. Gather all investigative details and identify the assets and location. 2. Fill in the applicant’s name, case reference, and statutory provision. 3. List each item to be searched and describe the premises precisely. 4. Attach supporting affidavits or statements. 5. Have the form signed by the authorised judge or senior officer and send it to the court registry.

Form Details

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

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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After you file

  • Confirm receipt of the warrant by the court registry.
  • Schedule the search operation with the gardaí team.
  • Notify any third parties (e.g., banks) as required by the warrant.
  • Keep a signed copy of the executed warrant on site during the search.
  • Record seized items in the CAB asset register.
  • Prepare a post‑search report for the court.

Source and verification log

  • Form title and number from Courts Service of Ireland catalogue
  • Statutory reference to Criminal Assets Bureau Act 1996 and Criminal Justice Act 2006
  • Typical filing process inferred from standard Irish court practice
  • Not confirmed in official source: exact submission address for District Court registry
  • Not confirmed in official source: exact number of copies required

Common confusion points

7 things to watch for

  • 1

    Mixing up Form 34.40 with the standard police search warrant (Form 34.30).

  • 2

    Leaving the statutory provision field blank or using the wrong section.

  • 3

    Providing vague premises descriptions that can be challenged.

  • 4

    Submitting the form after the search has already begun.

  • 5

    Failing to attach the required affidavit supporting reasonable suspicion.

  • 6

    Using an outdated version that lacks the 2006 amendment reference.

  • 7

    Not retaining a copy for the investigative team.

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