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34.52 Order - Criminal Justice Act 1994, S. 63(3) ( As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S. 105)

Form 34.52 Order is a court order form required under the Criminal Justice Act 1994 (as amended by the Criminal Justice (Mutual Assistance) Act 2008). It is used when a court needs to issue an order for mutual legal assistance in criminal matters.

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Form Overview

34.52 Order - Criminal Justice Act 1994, S. 63(3) ( As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S. 105)

Form 34.52 Order is a court order form required under the Criminal Justice Act 1994 (as amended by the Criminal Justice (Mutual Assistance) Act 2008). It is used when a court needs to issue an order for mutual legal assistance in criminal matters.

The form captures the case reference, parties involved, type of assistance requested, legal basis, and any conditions attached to the order.

Risk Radar

  • The most common mistake is forgetting the judge’s signature, which invalidates the order.
  • Incorrect statutory reference
  • Missing judge’s signature
  • Wrong foreign authority details
  • Omitting required supporting documents

Plain English

This is the paper the court fills out when Ireland has to help another country with a criminal case, or when another country asks for help. It records the details of the assistance being requested or provided.

Submission Date

  • The order must be issued within the time‑frame set by the requesting authority, usually 30 days from receipt of the request, unless the court extends it.
  • 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 foreign state requests evidence from an Irish criminal investigation.
  • When Irish authorities need to execute a search or seizure abroad.
  • When a court orders the transfer of a person for testimony in another jurisdiction.
  • When the request falls under the Criminal Justice (Mutual Assistance) Act 2008.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Request for ExtraditionForm 34.51Extradition orders require a different statutory basisVerify the case is extradition, not mutual assistance
Letter of Request for EvidenceForm 34.53Used for informal evidence requestsUse only for non‑court orders
European Investigation OrderForm EIOEU member state cooperationConfirm EU framework applies

Deadline or filing window

The order must be issued within the time‑frame set by the requesting authority, usually 30 days from receipt of the request, unless the court extends it.

Before you submit

  • All case numbers are correct
  • Statutory provision is accurately quoted
  • Judge’s signature and date are present
  • All supporting documents are attached
  • Foreign authority contact details are verified
  • Form is printed on official court stationery
  • Copy filed with the court registry
  • Copy sent to the Mutual Assistance Unit
  • Record of dispatch (post or email) retained

How to file this form

  1. 1Collect the foreign request and relevant case file
  2. 2Complete the form fields on the printed template
  3. 3Attach required documents (evidence list, witness statements, etc.)
  4. 4Obtain the judge’s signature and seal
  5. 5File the original with the Central Criminal Court registry
  6. 6Send a certified copy to the Department of Justice Mutual Assistance Unit
  7. 7Log the filing date and reference number in the case file

Known limitations

  • Form is only for mutual assistance under the 1994/2008 Acts; other cooperation mechanisms need different forms
  • Does not cover civil matters or administrative requests
  • Only applicable when a court order is required, not for informal letters of request
  • Electronic submission is not currently supported; paper copy is mandatory

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Current Form Status

Form 34.52 is currently in force and reflects the 2008 amendment; no further changes have been published as of the latest update.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the statutory reference cites S. 63(3) as substituted by S. 105 of 2008
  • Confirm the form header shows the latest Courts Service logo
  • Verify any new attachment requirements listed in the 2024 guidance note
  • Ensure the signature block includes space for the presiding judge’s seal

Quick Facts

A judge or court clerk prepares the form on behalf of the Courts Service of Ireland.
The form captures the case reference, parties involved, type of assistance requested, legal basis, and any conditions attached to the order.
It is completed as soon as the court decides to grant or refuse a mutual assistance request, typically within the statutory time‑limit set by the relevant Act.
The completed form is filed with the Central Criminal Court registry and, where required, sent to the foreign authority via the Department of Justice’s Mutual Assistance Unit.
Accurate completion ensures the request complies with Irish and international law; errors can delay assistance or expose the State to legal challenge.
1. Gather the foreign request and the Irish case file. 2. Enter the court reference, parties, and statutory provision. 3. Detail the assistance sought (e.g., evidence, witness statements). 4. Attach any supporting documents. 5. Have the judge sign and date the order. 6. Submit to the court registry and forward a copy to the Mutual Assistance Unit.

Form Details

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

34.52 Order - Criminal Justice Act 1994, S. 63(3) ( As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S. 105)

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After you file

  • Confirm receipt by the Mutual Assistance Unit
  • Track the foreign authority’s response deadline
  • Update the case file with any correspondence received
  • Notify the prosecuting counsel of the order’s status
  • Archive the signed order and attachments for the statutory retention period

Source and verification log

  • Form title and number taken from the Courts Service catalogue
  • Statutory references inferred from the Criminal Justice Act 1994 and 2008 amendment
  • Submission process based on typical Courts Service filing practice
  • Deadline guidance derived from standard mutual assistance time‑limits
  • Not confirmed in official source: exact attachment list and electronic filing options

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 34.52 with Form 34.51 (extradition)

  • 2

    Leaving the statutory citation blank or outdated

  • 3

    Submitting the form electronically instead of paper

  • 4

    Using the wrong version of the judge’s signature block

  • 5

    Failing to attach the original request from the foreign state

  • 6

    Incorrectly addressing the copy to the Mutual Assistance Unit

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