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34.55 Search Warrant - Criminal Justice (Psychoactive Substances) Act 2010 Section 12(4)

This form is a search warrant application under Section 12(4) of the Criminal Justice (Psychoactive Substances) Act 2010. It is used by authorized officers to obtain court permission to search premises suspected of containing psychoactive substances.

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Form Overview

34.55 Search Warrant - Criminal Justice (Psychoactive Substances) Act 2010 Section 12(4)

This form is a search warrant application under Section 12(4) of the Criminal Justice (Psychoactive Substances) Act 2010. It is used by authorized officers to obtain court permission to search premises suspected of containing psychoactive substances.

The form captures information about the suspected location to be searched, the grounds for suspicion, the specific items or substances believed to be present, and the officer's oath or affirmation.

Risk Radar

  • Ensure all grounds for suspicion are clearly documented and legally sound.
  • Insufficient grounds for suspicion leading to warrant denial
  • Incorrect premises details resulting in invalid search
  • Missing required signatures or dates
  • Outdated form version not accepted by the court

Plain English

This form lets police officers ask a judge for permission to search a place where they believe illegal psychoactive substances might be found. It's part of how Irish law enforcement deals with substances that can affect how people think and feel.

Submission Date

  • Search warrants must be obtained before conducting any search; there is no pre-filing deadline, but delays could result in evidence being lost or destroyed.
  • 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 this form specifically for searches related to psychoactive substances
  • Not for drug searches under other legislation
  • Not for general criminal investigations unrelated to psychoactive substances
  • Requires specific grounds under Section 12(4) of the Act

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Search for controlled drugsForm 34.54 (Controlled Drugs Act)Different legal framework appliesCheck which legislation governs the substances in question
Search for firearms or weaponsForm 34.56 (Firearms Act)Different legal provisions applyConfirm the relevant legislation for the items being sought
General search warrantForm 34.53 (General Search Warrant)Broader legal grounds requiredVerify if specific substance legislation applies to your case
Search under Proceeds of CrimeForm 34.57 (POCA)Focus on financial investigationsDetermine if financial aspects are primary to your search

Deadline or filing window

Search warrants must be obtained before conducting any search; there is no pre-filing deadline, but delays could result in evidence being lost or destroyed.

Before you submit

  • All premises details are accurate and complete
  • Grounds for suspicion are clearly documented
  • Form is signed by authorized officer
  • Form is on current version
  • All required supporting evidence is attached
  • Court fees (if applicable) are paid

How to file this form

  1. 1Gather evidence and information about suspected premises
  2. 2Complete all sections of Form 34.55 accurately
  3. 3Have the form signed by an authorized officer
  4. 4Submit to the District Court in the relevant district
  5. 5Obtain judge's signature on the warrant
  6. 6Execute the warrant within the timeframe specified
  7. 7Return to court with inventory of items seized

Known limitations

  • Warrant is only valid for the specific premises described
  • Must be executed within timeframe specified by the court
  • Only authorizes search for items specified in the warrant
  • Requires reasonable grounds documented in the application
  • May be challenged if procedures not followed correctly

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Current Form Status

This form remains in use under the current Criminal Justice (Psychoactive Substances) Act 2010, though specific procedures may be updated periodically.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form matches current legislation
  • Check for any recent updates to section references
  • Verify all court contact details are current
  • Ensure any recent amendments to the Act are reflected
  • Check if digital submission options are now available

Quick Facts

This form is typically completed and submitted by authorized officers of An Garda Síochána (Irish police) when seeking judicial authorization to search premises.
The form captures information about the suspected location to be searched, the grounds for suspicion, the specific items or substances believed to be present, and the officer's oath or affirmation.
This form must be submitted to the District Court when there are reasonable grounds to believe that psychoactive substances are being kept or used on specific premises.
The completed form should be submitted to the District Court in the relevant district where the search is to be conducted, typically during court hours.
Incorrect or incomplete information could lead to the warrant being denied, potentially allowing evidence to be lost or destroyed, or resulting in legal challenges to the search.
Complete all sections with accurate details about the suspected location and grounds for suspicion. Have supporting evidence ready. Submit to the District Court judge or magistrate for review and signature.

Form Details

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

34.55 Search Warrant - Criminal Justice (Psychoactive Substances) Act 2010 Section 12(4)

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After you file

  • Execute the warrant within the timeframe specified
  • Maintain detailed record of all items seized
  • Submit inventory to the court as required
  • Prepare for potential legal challenges to the search
  • Follow proper chain of custody for all seized items

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Criminal Justice (Psychoactive Substances) Act 2010
  • Specifically references Section 12(4)
  • Not confirmed in official source: current submission methods
  • Not confirmed in official source: specific time limits for warrant execution
  • Not confirmed in official source: current court fees
  • Not confirmed in official source: digital submission options

Common confusion points

7 things to watch for

  • 1

    Confusing this form with general search warrants

  • 2

    Not understanding the specific grounds required under Section 12(4)

  • 3

    Incorrectly identifying the substances covered by the Act

  • 4

    Not realizing the warrant must be executed within a specific timeframe

  • 5

    Confusing procedures for different types of search warrants

  • 6

    Not knowing which District Court has jurisdiction

  • 7

    Unclear about what constitutes reasonable grounds for suspicion

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