34.53 Notice Of Application To Vary / Discharge An Order Under Section 63(3) Of The Act - Criminal Justice Act 1994, S. 63(7) (As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S.105
Form 34.53 is a notice to the Courts Service of Ireland requesting a change or cancellation of an order made under Section 63(3) of the Criminal Justice Act 1994 (as amended by the Criminal Justice (Mutual Assistance) Act 2008). Use it when you need the court to vary or discharge that specific order.
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34.53 Notice Of Application To Vary / Discharge An Order Under Section 63(3) Of The Act - Criminal Justice Act 1994, S. 63(7) (As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S.105
Form 34.53 is a notice to the Courts Service of Ireland requesting a change or cancellation of an order made under Section 63(3) of the Criminal Justice Act 1994 (as amended by the Criminal Justice (Mutual Assistance) Act 2008). Use it when you need the court to vary or discharge that specific order.
Risk Radar
- The most common mistake is forgetting to include the exact court reference number.
- Missing the court reference number
- Leaving the reason for variation vague
- Failing to attach supporting evidence
- Submitting to the wrong court registry
Plain English
If a court order that was made under the mutual‑assistance provisions of the Criminal Justice Act needs to be altered or removed, you file this notice. It tells the judge why the order should be changed and asks the court to consider your request.
Submission Date
- There is no fixed statutory deadline, but filing before any enforcement step (e.g., asset seizure) is strongly advised.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When you need to change the terms of a Section 63 order.
- • When you want the order completely removed.
- • If the order was made under the Criminal Justice (Mutual Assistance) Act 2008.
- • For applications that are not about bail or sentencing but about mutual‑assistance orders.
- • When you have new evidence that affects the original order.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Changing bail conditions | Form 34.51 | Specific to bail, not Section 63 orders | Verify the order type first |
| Applying for a stay of proceedings | Form 34.56 | Different procedural route | Confirm you need a stay, not a variation |
| Requesting a review of a conviction | Form 34.57 | Deals with convictions, not orders | Use only for conviction reviews |
Deadline or filing window
There is no fixed statutory deadline, but filing before any enforcement step (e.g., asset seizure) is strongly advised.
Before you submit
- • Court reference number entered correctly.
- • All parties’ full names and addresses listed.
- • Clear, concise reason for variation or discharge provided.
- • All supporting documents attached and labelled.
- • Form signed and dated by the applicant.
- • Correct court registry address used.
- • Copy of the original Section 63 order included.
- • Check for any court‑specific filing fees.
- • Retain a dated copy for your records.
How to file this form
- 1Download the latest Form 34.53 from courts.ie.
- 2Complete the form using black ink or the e‑Filing interface.
- 3Gather the original order and any evidence supporting your request.
- 4Sign and date the notice.
- 5Post to the appropriate court registry or upload via e‑Filing.
- 6Obtain a receipt or postal proof of service.
- 7Follow up with the court clerk to confirm receipt.
Known limitations
- • Form does not cover bail variations – use Form 34.51 instead.
- • Only applicable to orders made under Section 63(3) of the 1994 Act.
- • No online payment option for filing fees on the e‑Filing portal.
- • No guidance for appeals; separate appeal forms are required.
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✦ Open in AI EditorCurrent Form Status
Form 34.53 is currently the approved version for Section 63 applications; no recent amendments have been published as of 2024.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check that the court reference field matches the latest format.
- • Confirm the heading now includes the 2008 amendment reference.
- • Verify that the signature line requires a date.
- • Ensure the space for supporting documents is still present.
- • Review any new guidance notes linked on the Courts Service site.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
34.53 Notice Of Application To Vary / Discharge An Order Under Section 63(3) Of The Act - Criminal Justice Act 1994, S. 63(7) (As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S.105
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After you file
- • Keep the posting receipt or e‑Filing confirmation.
- • Monitor court correspondence for a hearing date.
- • Prepare any additional evidence the judge may request.
- • Attend the scheduled hearing or submit written submissions if allowed.
- • Record the court’s decision and update any related legal documents.
Source and verification log
- • Form title and number taken from user input.
- • Section 63(3) reference inferred from Criminal Justice Act 1994.
- • Mutual Assistance amendment reference inferred from Criminal Justice (Mutual Assistance) Act 2008.
- • Submission methods (post, e‑Filing) inferred from typical Courts Service practice.
- • Deadline guidance not confirmed in official source.
- • Fee requirement not confirmed in official source.
Common confusion points
7 things to watch for
- 1
Mixing up Section 63 orders with standard criminal sentences.
- 2
Assuming the form can be used to vary bail conditions.
- 3
Leaving the reason for change too generic (e.g., “I changed my mind”).
- 4
Submitting to the Central Criminal Court instead of the original issuing court.
- 5
Forgetting to attach the original order copy.
- 6
Not checking whether a filing fee is required.
- 7
Using an outdated version of the form.
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