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Official form guide

Form 31A.3 Notice Of Application For An Order For The Restitution Of Property - Criminal Justice (Mutual Assistance) Act 2008, S. 87(1)

Form 31A.3 is a Notice of Application for an Order for the Restitution of Property under the Criminal Justice (Mutual Assistance) Act 2008, s.87(1). It is used when a court or a party seeks the return of assets that were obtained through criminal activity.

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Form Overview

Courts Service of Ireland - Form 31A.3 Notice Of Application For An Order For The Restitution Of Property - Criminal Justice (Mutual Assistance) Act 2008, S. 87(1)

Form 31A.3 is a Notice of Application for an Order for the Restitution of Property under the Criminal Justice (Mutual Assistance) Act 2008, s.87(1). It is used when a court or a party seeks the return of assets that were obtained through criminal activity.

The form captures details of the property, the crime it relates to, the legal basis for restitution, and the specific order being requested.

Risk Radar

Scan points
  • 1The most common mistake is forgetting to attach the conviction order or judgment.
  • 2Leaving required supporting documents out
  • 3Incorrect property description
  • 4Wrong court registry selected
  • 5Missing signature or date

Plain English

If you need the court to order someone to give back money, goods or other assets that were linked to a crime, you file this notice. It tells the court why the property should be returned and what you are asking for.

Submission Date

  • Filing date: The notice should be filed as soon as possible after the conviction, and no later than 30 days before the court hearing on restitution, unless the court orders otherwise.
  • 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

  • Use when you need a court‑ordered return of assets linked to a criminal offence.
  • Use after a conviction under the Criminal Justice (Mutual Assistance) Act 2008.
  • Do not use for civil recovery claims unrelated to criminal proceedings.
  • Use instead of Form 31A.1, which is for a request for a freezing order.
  • Applicable to both movable and immovable property.

Form selector

Use this form or another form?

Request to freeze assets before trial

Freezing prevents dissipation before restitution

✓ Verify that the case is still pre‑trial

Form 31A.1

Civil claim for damages

Different legal basis, not criminal restitution

✓ Confirm the matter is criminal

Form N1 (Civil Procedure)

International asset recovery

Cross‑border cooperation

✓ Ensure the foreign state has a reciprocal agreement

Form 31A.4 (Mutual Assistance Request)

Deadline or filing window

The notice should be filed as soon as possible after the conviction, and no later than 30 days before the court hearing on restitution, unless the court orders otherwise.

Before you submit

  1. 1All parties’ full names and addresses entered.
  2. 2Accurate description of the property (type, value, location).
  3. 3Reference to the specific conviction or judgment included.
  4. 4Statutory citation (s.87(1) CJMA 2008) correctly noted.
  5. 5All required annexes attached (judgment, asset list, valuation).
  6. 6Form signed and dated by the applicant or authorised solicitor.
  7. 7Correct court registry selected.
  8. 8Copy retained for personal records.
  9. 9If filing online, confirm upload receipt.

How to file this form

  1. 1Download Form 31A.3 from courts.ie.
  2. 2Complete the form in black ink or via the e‑filing interface.
  3. 3Attach the conviction order, asset valuation and any relevant correspondence.
  4. 4Sign and date the form.
  5. 5Submit to the appropriate court registry in person, by post, or through the e‑filing portal.
  6. 6Obtain a filing receipt or acknowledgment.
  7. 7Notify any other parties of the filing as required.

Known limitations

  1. 1Form does not cover civil compensation claims.
  2. 2Only applicable where the Criminal Justice (Mutual Assistance) Act 2008 is invoked.
  3. 3Electronic filing may not be available in all court locations.
  4. 4No provision for confidential assets without a separate court order.

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

Form 31A.3 is currently the latest version (as of 2024) and remains in force. No recent amendments have been published.

What changed or needs a fresh check

  • Check that the form header shows the 2024 version date.
  • Confirm the court name and address fields match the filing court.
  • Verify the statutory reference (s.87(1) CJMA 2008) is still correct.
  • Ensure the attachment checklist includes the latest judgment format.

Quick Facts

The applicant – usually the State, a victim, or a prosecuting authority – must file the form.
The form captures details of the property, the crime it relates to, the legal basis for restitution, and the specific order being requested.
It is filed after a conviction or a mutual‑assistance request under the 2008 Act, and before the court issues a restitution order.
Submit the completed form to the relevant District or Circuit Court registry, either in person, by post, or via the Courts Service e‑filing portal if available.
Accurate filing ensures the court can issue a valid restitution order; mistakes can cause delays or the order being refused.
1. Gather court judgment, details of the property and the crime. 2. Download Form 31A.3 from the Courts Service website. 3. Fill in each section legibly, attaching supporting documents. 4. Sign and date the form. 5. Deliver it to the court registry or upload through the e‑filing system, keeping a copy for your records.

Form Details

Revision date
19/10/25

Downloads & source

Fill Form 31A.3 Notice Of Application For An Order For The Restitution Of Property - Criminal Justice (Mutual Assistance) Act 2008, S. 87(1)

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Sources

  • SRCForm title and number from Courts Service catalogue.
  • SRCStatutory reference to Criminal Justice (Mutual Assistance) Act 2008, s.87(1)not confirmed in official source.
  • SRCFiling locations (court registry, e‑filing) inferred from standard Courts Service proceduresnot confirmed in official source.
  • SRCDeadline guidance (30 days before hearing) inferred from typical court practicenot confirmed in official source.
  • SRCAttachment requirements and content fields inferred from form namenot confirmed in official source.

Common confusion points

Mixing up Form 31A.3 with Form 31A.1 (freezing order).

Unclear whether to list the market value or the purchase price of the property.

Uncertainty about which court registry to use for cross‑border cases.

Assuming the form can be used for civil debt recovery.

Forgetting to attach the original judgment or conviction order.

Using an outdated version of the form downloaded from a third‑party site.

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