31.6 Order For Retention Of Records And Samples - Criminal Justice (Forensic Evidence) Act, 1990 Section 4 (5)
This form is an official Order for Retention of Records and Samples under the Criminal Justice (Forensic Evidence) Act, 1990. You use it when you need a formal order regarding how long certain evidence or records must be kept.
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31.6 Order For Retention Of Records And Samples - Criminal Justice (Forensic Evidence) Act, 1990 Section 4 (5)
This form is an official Order for Retention of Records and Samples under the Criminal Justice (Forensic Evidence) Act, 1990. You use it when you need a formal order regarding how long certain evidence or records must be kept.
Risk Radar
- Don't forget to cite Section 4(5) of the Act on the form!
- Failing to specify the exact retention duration
- Omitting details about the specific sample/record
- Submitting without required signatures
- Not referencing the 1990 Act correctly
Plain English
Essentially, this document tells everyone involved that specific forensic items or related paperwork cannot just be thrown away. It locks in the required retention period for evidence gathered during criminal justice matters in Ireland. This keeps things official and legally sound.
Submission Date
- There is no single universal deadline listed here; submission timing depends on when the evidence needs its retention period officially started or confirmed.
- 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
- • You need a court order dictating how long specific records must be kept.
- • You require an official instruction regarding the retention timeline for physical samples (like DNA or fingerprints).
- • The evidence in question stems from a matter covered by the Criminal Justice (Forensic Evidence) Act, 1990.
- • This form specifically applies when referencing Section 4 (5) of that Act.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Need to *destroy* evidence instead of retaining it | Not confirmed in official source | This form orders retention; look for a destruction order if that is the goal. | Check the purpose box on Form 31.6. |
| General record keeping (not forensic) | Not confirmed in official source | If the item isn't strictly 'forensic evidence,' another general records form might suffice. | See the description field thoroughly. |
| Need to *transfer* custody of samples | Courts Service related Form | This form sets the duration; you may need a separate order for transfer logistics. | Ensure retention period aligns with transfer dates. |
| Not confirmed in official source | Not confirmed in official source | If the matter is civil, check if there is a dedicated Civil Procedure Order form available. | Verify the jurisdiction listed on Form 31.6. |
Deadline or filing window
There is no single universal deadline listed here; submission timing depends on when the evidence needs its retention period officially started or confirmed.
Before you submit
- • All required parties (e.g., Gardaí, prosecution, defence) are listed on the form.
- • The specific evidence items needing retention are clearly itemized and described.
- • A precise start date for the retention period is provided.
- • A clear end date or duration (e.g., '5 years from seizure') is stated.
- • All necessary supporting documentation references (e.g., file numbers) are included.
- • The form has been signed by the initiating party.
How to file this form
- 1Complete all fields on Form 31.6 accurately using black ink.
- 2Attach copies of relevant case files or evidence logs as supporting documentation.
- 3Sign and date the form where indicated.
- 4Submit the completed package to the appropriate Courts Service office or court registry.
- 5Keep a copy of the filed, stamped form for your own records.
Known limitations
- • The form itself does not dictate *how* the evidence must be stored (e.g., temperature control); it only dictates *when* it must be kept.
- • It is an order; its enforcement relies on the court issuing it and the relevant body complying with it.
- • Not confirmed in official source: Specific retention periods might vary based on the type of evidence listed.
- • This form does not address destruction protocols, only retention.
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This form remains the standard document for formal retention orders related to forensic evidence under the specified Act. Check the latest version on the Courts Service of Ireland website for any recent updates.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the date and version number printed at the top of the form.
- • Check if any new boxes or fields have been added regarding digital evidence storage.
- • Verify the specific citation of Section 4 (5) is correctly stated.
- • Ensure the required signatures/stamps sections match current Courts Service requirements.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 19/10/25
Downloads
31.6 Order For Retention Of Records And Samples - Criminal Justice (Forensic Evidence) Act, 1990 Section 4 (5)
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After you file
- • Obtain a stamped copy from the Courts Service as proof of filing.
- • Log the date and time of submission in your internal case management system.
- • Alert all relevant parties (e.g., defence solicitor, police investigator) that the order is active.
- • Track when the retention period approaches its end date.
Source and verification log
- • Issuing Agency: Courts Service of Ireland (COURTS)
- • Form Name: Order For Retention Of Records And Samples
- • Act Reference: Criminal Justice (Forensic Evidence) Act, 1990
- • Section Referenced: Section 4 (5)
- • Not confirmed in official source: Specific application guidelines for different courts.
- • Not confirmed in official source: Official digital filing portal requirements.
Common confusion points
5 things to watch for
- 1
Confusing 'Retention' with 'Destruction': People often file this form when they actually want evidence wiped.
- 2
Not knowing *who* needs to sign: Ensure you know if it must be signed by the applicant, a solicitor, or the Judge/Registrar.
- 3
Vague descriptions of samples: Describing an item as just 'DNA' is too vague; specify 'Forensic DNA sample from Suspect X swab.'
- 4
Not linking to the case file number: If you don't provide the CRO/Court File Number, the order may be hard to locate.
- 5
Assuming it covers everything: This form only covers what is explicitly listed on Form 31.6.
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