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34.17 Information For Search Warrant - Criminal Damage Act, 1991 Section 13 (1)

This form (34.17) is used when applying for a Search Warrant under Section 13(1) of the Criminal Damage Act, 1991. It provides the necessary background information to support the warrant application.

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Form Overview

34.17 Information For Search Warrant - Criminal Damage Act, 1991 Section 13 (1)

This form (34.17) is used when applying for a Search Warrant under Section 13(1) of the Criminal Damage Act, 1991. It provides the necessary background information to support the warrant application.

It captures details about the alleged criminal damage and provides the justification for needing a formal Search Warrant.

Risk Radar

  • Do not forget to reference Criminal Damage Act, 1991 Section 13 (1) on the form itself.
  • Failing to specify the exact property address being searched.
  • Not clearly linking the damage to Section 13(1) of the Act.
  • Missing the authorizing officer's signature or details.
  • Using outdated information about the incident date.

Plain English

If someone needs permission from the Courts Service to search property related to criminal damage, they use this form. It tells the court exactly why that search is needed under specific Irish law.

Submission Date

  • There is no fixed universal deadline, but it must be submitted promptly when the need for a search arises.
  • 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 this form when you need to apply specifically for a Search Warrant.
  • This applies if the alleged offence is under the Criminal Damage Act, 1991.
  • It must be used when seeking authority under Section 13(1) of that Act.
  • Do not use this if the warrant relates to another specific piece of legislation (e.g., Drugs Act).
  • Use it as the supporting document for your formal Search Warrant application.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
General Criminal OffenceNot confirmed in official sourceIf the offence isn't specifically 'Criminal Damage, 1991'Check if the warrant is under a different Act.
Affidavit of EvidenceNot confirmed in official sourceThis might be required alongside or instead of this form to prove grounds for search.Ensure your supporting evidence matches the sections listed on 34.17.
Application Notice (General)Courts Service Form TBDIf you are applying for a warrant not tied directly to Section 13(1).Confirm the specific section number you are relying on.
CRO Forms related to DamageNot confirmed in official sourceIf the damage relates to property registered with the Companies Registration Office (CRO).Check if CRO details need to be referenced within this form.

Deadline or filing window

There is no fixed universal deadline, but it must be submitted promptly when the need for a search arises.

Before you submit

  • All mandatory sections of Form 34.17 are completed.
  • The details of the alleged criminal damage incident are clearly stated.
  • The specific location(s) to be searched are precisely described (address, description).
  • You have confirmed who is applying for the warrant and why they qualify.
  • Any required supporting documents (e.g., photos, police reports) are attached.
  • The form is signed by the appropriate officer/applicant.

How to file this form

  1. 1Complete all sections of Form 34.17 thoroughly.
  2. 2Gather all evidence that supports the need for a search warrant under Section 13(1).
  3. 3Sign and date the document according to the required authority.
  4. 4Attach supporting documentation to the form packet.
  5. 5Submit the complete package to the relevant Courts Service office or Garda station.

Known limitations

  • This form alone does not guarantee a warrant will be granted; it only provides the application details.
  • The specific requirements for evidence cited in Section 13(1) are not fully detailed on this form itself.
  • It is not confirmed if digital filing via the Courts Service portal supersedes physical submission.
  • Not confirmed in official source: Specific local court requirements might mandate additional declarations.

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Current Form Status

This is the standard application document for a Search Warrant under Section 13(1) of the Criminal Damage Act, 1991. Check the Courts Service website for any recent version updates.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the current date and version number printed on the top of Form 34.17.
  • Verify that Section 13(1) is correctly cited as the basis for the warrant.
  • Check if there are any new boxes or fields added regarding digital evidence storage.
  • Ensure the signature lines match the required roles (e.g., Garda/Investigating Officer).
  • Review instructions regarding where supporting documentation must be attached.

Quick Facts

This form is typically completed by an Garda Síochána officer or another authorized party seeking judicial authority.
It captures details about the alleged criminal damage and provides the justification for needing a formal Search Warrant.
Use this form when the evidence of criminal damage requires official search authorization before the search can take place.
Submission usually goes to the relevant local Courts Service office, though specific digital portals may be available.
Submitting it incorrectly means the court might reject the warrant application. This delays police action and investigation into the damage.
First, fill in all details about the alleged damage accurately. Next, clearly state why a search is necessary under Section 13(1). Finally, ensure signatures are present before submitting to the Courts Service.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

34.17 Information For Search Warrant - Criminal Damage Act, 1991 Section 13 (1)

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After you file

  • Keep a copy of the submitted Form 34.17 for your records.
  • Note the date and time of submission.
  • Track whether you receive an acknowledgement of receipt from the Courts Service.
  • Follow up if the warrant is not granted within the expected timeframe.
  • If the warrant is granted, ensure it references this specific form number (34.17).

Source and verification log

  • Issued by: Courts Service of Ireland (COURTS)
  • Form Number: 34.17
  • Legislation Basis: Criminal Damage Act, 1991
  • Specific Section: Section 13(1)
  • Not confirmed in official source: Who is the primary recipient/decision-maker for this application.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Criminal Damage' with general property damage—this must fit the Act's definition.

  • 2

    Not knowing whether to use this form even if the crime involves a vehicle or land (it covers all types of damage).

  • 3

    Mistaking Section 13(1) for another section within the Criminal Damage Act, 1991.

  • 4

    Forgetting that the warrant must specify *what* items are being sought during the search.

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