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Official form guide

Form 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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Form Overview

Courts Service of Ireland - Form 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.

The form captures details about the specific records or samples needing retention. It confirms the order itself and references Section 4 (5) of the relevant Act.

Risk Radar

Scan points
  • 1Don't forget to cite Section 4(5) of the Act on the form!
  • 2Failing to specify the exact retention duration
  • 3Omitting details about the specific sample/record
  • 4Submitting without required signatures
  • 5Not 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

  • Filing 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.

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Glossary Terms

Hover a term to preview the meaning.

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.

Form selector

Use this form or another form?

Need to *destroy* evidence instead of retaining it

This form orders retention; look for a destruction order if that is the goal.

✓ Check the purpose box on Form 31.6.

Not confirmed in official source

General record keeping (not forensic)

If the item isn't strictly 'forensic evidence,' another general records form might suffice.

✓ See the description field thoroughly.

Not confirmed in official source

Need to *transfer* custody of samples

This form sets the duration; you may need a separate order for transfer logistics.

✓ Ensure retention period aligns with transfer dates.

Courts Service related Form

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.

Not confirmed in official source

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

  1. 1All required parties (e.g., Gardaí, prosecution, defence) are listed on the form.
  2. 2The specific evidence items needing retention are clearly itemized and described.
  3. 3A precise start date for the retention period is provided.
  4. 4A clear end date or duration (e.g., '5 years from seizure') is stated.
  5. 5All necessary supporting documentation references (e.g., file numbers) are included.
  6. 6The form has been signed by the initiating party.

How to file this form

  1. 1Complete all fields on Form 31.6 accurately using black ink.
  2. 2Attach copies of relevant case files or evidence logs as supporting documentation.
  3. 3Sign and date the form where indicated.
  4. 4Submit the completed package to the appropriate Courts Service office or court registry.
  5. 5Keep a copy of the filed, stamped form for your own records.

Known limitations

  1. 1The form itself does not dictate *how* the evidence must be stored (e.g., temperature control); it only dictates *when* it must be kept.
  2. 2It is an order; its enforcement relies on the court issuing it and the relevant body complying with it.
  3. 3Not confirmed in official source: Specific retention periods might vary based on the type of evidence listed.
  4. 4This form does not address destruction protocols, only retention.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

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.

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

Anyone handling forensic evidence relevant to a crime under the 1990 Act needs this form. This includes police, labs, or other parties involved in the investigation.
The form captures details about the specific records or samples needing retention. It confirms the order itself and references Section 4 (5) of the relevant Act.
You submit this when you need to formally establish a required keeping period for evidence, rather than letting it expire naturally. The timing depends on the stage of the investigation.
Submission is directed through the Courts Service of Ireland. Check their official channels for online portals or physical submission points.
If this order is missing or incorrect, records might be disposed of too soon or kept longer than necessary. This can cause issues in court proceedings.
First, clearly identify the evidence or record on Form 31.6. Next, specify exactly how long it must be retained (e.g., '5 years'). Finally, ensure all required parties sign and submit it to the Courts Service.

Form Details

Revision date
19/10/25

Downloads & source

Fill Form 31.6 Order For Retention Of Records And Samples - Criminal Justice (Forensic Evidence) Act, 1990 Section 4 (5)

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Sources

  • SRCIssuing Agency: Courts Service of Ireland (COURTS)
  • SRCForm Name: Order For Retention Of Records And Samples
  • SRCAct Reference: Criminal Justice (Forensic Evidence) Act, 1990
  • SRCSection Referenced: Section 4 (5)
  • SRCNot confirmed in official source: Specific application guidelines for different courts.
  • SRCNot confirmed in official source: Official digital filing portal requirements.

Common confusion points

Confusing 'Retention' with 'Destruction': People often file this form when they actually want evidence wiped.

Not knowing *who* needs to sign: Ensure you know if it must be signed by the applicant, a solicitor, or the Judge/Registrar.

Vague descriptions of samples: Describing an item as just 'DNA' is too vague; specify 'Forensic DNA sample from Suspect X swab.'

Not linking to the case file number: If you don't provide the CRO/Court File Number, the order may be hard to locate.

Assuming it covers everything: This form only covers what is explicitly listed on Form 31.6.

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