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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

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

  • The most common mistake is forgetting to attach the conviction order or judgment.
  • Leaving required supporting documents out
  • Incorrect property description
  • Wrong court registry selected
  • Missing 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

  • 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

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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.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Request to freeze assets before trialForm 31A.1Freezing prevents dissipation before restitutionVerify that the case is still pre‑trial
Civil claim for damagesForm N1 (Civil Procedure)Different legal basis, not criminal restitutionConfirm the matter is criminal
International asset recoveryForm 31A.4 (Mutual Assistance Request)Cross‑border cooperationEnsure the foreign state has a reciprocal agreement

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

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

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

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Current Form Status

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

Agency: Courts Service of Ireland

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

Agency
Courts Service of Ireland
Revision Date
19/10/25

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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After you file

  • Keep the filing receipt safe.
  • Track the court’s docket for the restitution hearing date.
  • Prepare any additional evidence the judge may request.
  • Notify the victim or State prosecutor of the filing.
  • If the order is granted, arrange for enforcement or handover of the property.

Source and verification log

  • Form title and number from Courts Service catalogue.
  • Statutory reference to Criminal Justice (Mutual Assistance) Act 2008, s.87(1) – not confirmed in official source.
  • Filing locations (court registry, e‑filing) inferred from standard Courts Service procedures – not confirmed in official source.
  • Deadline guidance (30 days before hearing) inferred from typical court practice – not confirmed in official source.
  • Attachment requirements and content fields inferred from form name – not confirmed in official source.

Common confusion points

6 things to watch for

  • 1

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

  • 2

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

  • 3

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

  • 4

    Assuming the form can be used for civil debt recovery.

  • 5

    Forgetting to attach the original judgment or conviction order.

  • 6

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

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