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31A.4 Order For The Restitution Of Property - Criminal Justice (Mutual Assistance) Act 2008, S. 87(1)

Form 31A.4 is an Order for the Restitution of Property under the Criminal Justice (Mutual Assistance) Act 2008, Section 87(1). It is used when a court orders that seized or forfeited assets be returned to the rightful owner.

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Form Overview

31A.4 Order For The Restitution Of Property - Criminal Justice (Mutual Assistance) Act 2008, S. 87(1)

Form 31A.4 is an Order for the Restitution of Property under the Criminal Justice (Mutual Assistance) Act 2008, Section 87(1). It is used when a court orders that seized or forfeited assets be returned to the rightful owner.

It captures the details of the property, the parties involved, the legal basis for restitution, and any conditions attached to the return.

Risk Radar

  • The most common mistake is omitting the court case number.
  • Incorrect property description leads to disputes
  • Wrong court reference or case number
  • Missing signature or date
  • Sending to the wrong Courts Service address

Plain English

If a court decides that property taken during a criminal investigation should be given back, this form records that order. It tells the relevant agencies how and when to hand the items back.

Submission Date

  • The order should be filed within 7 days of the court judgment, unless the judge specifies a different period.
  • 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

  • When a court orders restitution of seized assets under the 2008 Mutual Assistance Act
  • To record details of property to be returned to a foreign or domestic owner
  • When the order includes conditions such as inspection or valuation
  • If the property was confiscated in a criminal investigation and must be handed back
  • Instead of a general restitution notice, which is used for non‑court‑ordered returns

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Simple return of unconfiscated itemsForm 31A.1 Return of PropertyFor non‑court‑ordered returnsVerify no court order is needed
Cross‑border asset recoveryForm 31A.5 Mutual Assistance RequestFor requesting assets from another stateConfirm jurisdiction and treaty
Appeal against restitution orderForm 31A.7 Appeal NoticeWhen the party disputes the orderFile within statutory time limit

Deadline or filing window

The order should be filed within 7 days of the court judgment, unless the judge specifies a different period.

Before you submit

  • Court judgment attached
  • Accurate case number and court name
  • Complete list of each item with value
  • All required signatures present
  • Date completed
  • Correct postage or e‑filing confirmation
  • Copy retained for records

How to file this form

  1. 1Obtain the signed court order for restitution
  2. 2Download Form 31A.4 from the Courts Service website
  3. 3Enter case details, parties, and property list
  4. 4Sign and date the form as required
  5. 5Attach the court order and any supporting valuation reports
  6. 6Post to the Central Office or upload via the e‑filing portal
  7. 7Record the filing reference number

Known limitations

  • Form does not cover assets located outside the Republic of Ireland without a separate mutual‑assistance request
  • No electronic signature accepted for the original filing
  • Only the designated court clerk may certify the form

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Current Form Status

Form 31A.4 is the current version used by the Courts Service; no recent amendments have been published.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows the 2023 revision date
  • Check that the case number field matches the court docket
  • Verify the property description format aligns with the latest template
  • Ensure the signature block includes space for both clerk and prosecutor

Quick Facts

The form is completed by the court clerk or the prosecutor who obtained the restitution order.
It captures the details of the property, the parties involved, the legal basis for restitution, and any conditions attached to the return.
The form must be filed as soon as the court issues the restitution order, typically within a few days of the judgment.
Submit the completed form to the Courts Service Central Office by post or via the Courts Service e-filing portal, if available.
Accurate filing ensures the property is returned lawfully and avoids delays, disputes, or potential breach of the mutual‑assistance agreement.
1. Gather the court order, property description, and identification of the rightful owner. 2. Fill in the header with the case number and court details. 3. List each item of property, its value, and any special handling instructions. 4. Sign and date the form as required. 5. Send the form to the designated Courts Service address or upload it through the e‑filing system

Form Details

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

31A.4 Order For The Restitution Of Property - Criminal Justice (Mutual Assistance) Act 2008, S. 87(1)

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After you file

  • Confirm receipt of the filing acknowledgement
  • Notify the rightful owner of the expected return date
  • Arrange for inspection or valuation if required by the order
  • Track the physical handover of each item
  • Update the court record once restitution is completed

Source and verification log

  • Form title and number from user input
  • Issuing agency (Courts Service of Ireland) inferred from form number
  • Section 87(1) of the Criminal Justice (Mutual Assistance) Act 2008 referenced in title
  • Submission methods based on typical Courts Service practice
  • Not confirmed in official source: exact deadline of 7 days

Common confusion points

5 things to watch for

  • 1

    Mixing up Form 31A.4 with the general property return form (31A.1)

  • 2

    Leaving the "conditions of return" section blank when conditions exist

  • 3

    Using the wrong address for postal submission

  • 4

    Assuming an electronic copy alone is sufficient without a hard copy

  • 5

    Failing to attach the original court order

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