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 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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Request to freeze assets before trial | Form 31A.1 | Freezing prevents dissipation before restitution | Verify that the case is still pre‑trial |
| Civil claim for damages | Form N1 (Civil Procedure) | Different legal basis, not criminal restitution | Confirm the matter is criminal |
| International asset recovery | Form 31A.4 (Mutual Assistance Request) | Cross‑border cooperation | Ensure the foreign state has a reciprocal agreement |
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.
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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
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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)
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6 things to watch for
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Using an outdated version of the form downloaded from a third‑party site.
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