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34A.6 Authorisation - Criminal Justice (Surveillance) Act 2009, Section 5

Form 34A.6 is an Authorisation form required under the Criminal Justice (Surveillance) Act 2009, Section 5. It is used when a law enforcement body seeks court permission to carry out surveillance measures such as interception or covert observation.

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Form Overview

34A.6 Authorisation - Criminal Justice (Surveillance) Act 2009, Section 5

Form 34A.6 is an Authorisation form required under the Criminal Justice (Surveillance) Act 2009, Section 5. It is used when a law enforcement body seeks court permission to carry out surveillance measures such as interception or covert observation.

It records details of the target, the type of surveillance requested, the legal basis, and the duration of the authorised activity.

Risk Radar

  • The most common mistake is filing the form after surveillance has already begun.
  • Submitting after surveillance has started
  • Leaving key details (e.g., duration) blank
  • Incorrectly identifying the target
  • Using the wrong court jurisdiction

Plain English

If the police or another authorised agency wants to spy on someone – for example, tap a phone or follow a suspect – they must fill out this form and get a judge’s sign‑off. The form tells the court why the surveillance is needed and what methods will be used.

Submission Date

  • The authorisation must be obtained before any surveillance activity starts and must be filed as soon as practicable after the decision to surveil – typically within 48 hours.
  • 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 you need a court authorisation for covert observation under the 2009 Act.
  • When the surveillance involves electronic interception of communications.
  • When the surveillance will exceed 24 hours or involve multiple locations.
  • When a Garda superintendent or higher authority requires judicial approval.
  • When you are not applying for a warrant under the Criminal Justice (Offences) Act 2006.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard search warrantForm 34A.1Used for physical searches, not surveillanceVerify the operation type first
Telephone interception orderForm 34A.4Specific to phone tapping onlyUse only for telecom interception
Covert entry authorisationForm 34A.7For hidden entry into premisesEnsure you need covert entry, not observation

Deadline or filing window

The authorisation must be obtained before any surveillance activity starts and must be filed as soon as practicable after the decision to surveil – typically within 48 hours.

Before you submit

  • All target details are complete and accurate.
  • Surveillance method is clearly described.
  • Duration and locations are specified.
  • Supporting affidavit is attached.
  • Risk assessment annex is included if required.
  • Form is signed by the supervising officer.
  • Judge’s signature line is left blank for court completion.
  • Copy of the form is retained for internal records.
  • Correct court jurisdiction is selected.

How to file this form

  1. 1Prepare a draft using the official template.
  2. 2Gather supporting documents (affidavit, risk assessment).
  3. 3Complete the form in full, checking for spelling errors.
  4. 4Obtain the supervising officer’s signature.
  5. 5Submit to the appropriate District or Circuit Court via e‑filing or in person.
  6. 6Obtain the court’s authorisation stamp or written order.
  7. 7File a copy with your department’s records.

Known limitations

  • Only applicable under the Criminal Justice (Surveillance) Act 2009, Section 5.
  • Does not cover overt surveillance that does not require a warrant.
  • Cannot be used for cross‑border surveillance without additional permissions.
  • Electronic submission may not be available in all courts.

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Current Form Status

Form 34A.6 is currently active and has not been superseded. No major revisions have been announced in 2024.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the latest year (2023/2024).
  • Confirm the court reference number field is present.
  • Verify the signature block includes space for a supervising officer and a judge.
  • Ensure any new risk‑assessment annexes are attached.
  • Review the instruction notes for any updated time‑limit guidance.

Quick Facts

The form is completed by the supervising officer of the Gardaí or other authorised enforcement body.
It records details of the target, the type of surveillance requested, the legal basis, and the duration of the authorised activity.
The form must be submitted before any surveillance begins and within the time limits set out in the Act (usually as soon as practicable after the decision to surveil).
Submit the completed form to the relevant District Court or Circuit Court either in person, by post, or via the Courts Service e‑filing portal if available.
Accurate and timely submission is required by law; failure can render the surveillance unlawful and jeopardise any evidence gathered.
1. Gather all details of the proposed surveillance (target, method, location, time). 2. Complete the form using clear, legible text or the electronic template. 3. Attach any supporting affidavits or risk assessments. 4. Have the supervising officer sign and date the form. 5. File it with the court and keep a copy for your records.

Form Details

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

34A.6 Authorisation - Criminal Justice (Surveillance) Act 2009, Section 5

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After you file

  • Receive the court’s authorisation and note the expiry date.
  • Distribute the authorised copy to all operational teams.
  • Log the surveillance activity against the authorisation reference.
  • Monitor compliance with the stated duration and methods.
  • Report any deviations to the supervising officer and the court.

Source and verification log

  • Form title and number from Courts Service catalogue.
  • Reference to Criminal Justice (Surveillance) Act 2009, Section 5 – not verified in official source.
  • Typical submission venues (court, e‑filing) – inferred from standard Courts Service practice.
  • Risk of post‑surveillance filing – logical inference, not confirmed.
  • No official updates found for 2024 – marked as not confirmed in official source.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 34A.6 with the standard search warrant (Form 34A.1).

  • 2

    Leaving the ‘duration of surveillance’ field blank.

  • 3

    Submitting to the wrong court level (District vs Circuit).

  • 4

    Failing to attach the required risk‑assessment annex.

  • 5

    Using an outdated paper template instead of the latest version.

  • 6

    Unclear whether electronic interception needs a separate form.

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