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34.18 Search Warrant - Criminal Damage Act, 1991 Section 13 (2)

Form 34.18 is a court application for a search warrant under Section 13(2) of the Criminal Damage Act 1991. It is used when law enforcement needs authority to search premises or seize evidence related to alleged criminal damage.

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Form Overview

34.18 Search Warrant - Criminal Damage Act, 1991 Section 13 (2)

Form 34.18 is a court application for a search warrant under Section 13(2) of the Criminal Damage Act 1991. It is used when law enforcement needs authority to search premises or seize evidence related to alleged criminal damage.

It captures details of the alleged damage, the location to be searched, the items sought, and the legal basis under the Criminal Damage Act.

Risk Radar

  • The most common mistake is leaving the property address incomplete or inaccurate.
  • Incorrect address or property description
  • Missing supporting evidence
  • Failure to sign or date the declaration
  • Submitting after the search has already begun

Plain English

If the Gardaí think someone has damaged property and need to look for proof, they fill out this form to ask a judge for a search warrant. The form tells the court why the search is needed and what they expect to find.

Submission Date

  • The warrant must be applied for before any search takes place; there is no fixed calendar deadline, but the application should be filed as soon as practicable after the incident.
  • 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 search warrant specifically for criminal damage investigations.
  • Do not use for burglary, theft or drug‑related searches – other statutes apply.
  • Apply when the suspect's location is known and the damage is recent.
  • Choose this form instead of a general warrant if you are relying on Section 13(2) of the Criminal Damage Act.
  • Use when you have tangible evidence (photos, reports) linking the damage to a person or entity.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Burglary investigationForm 34.14 Search Warrant – Criminal Law (Offences) ActDifferent statutory basisVerify the offence before using
Drug seizureForm 34.20 Search Warrant – Misuse of Drugs ActSpecific drug provisionsConfirm drug‑related suspicion
Financial fraudForm 34.22 Search Warrant – Criminal Justice (Money Laundering) ActMoney‑laundering focusEnsure financial records are listed

Deadline or filing window

The warrant must be applied for before any search takes place; there is no fixed calendar deadline, but the application should be filed as soon as practicable after the incident.

Before you submit

  • Correct property address entered
  • All required supporting documents attached
  • Form signed and dated by the authorised officer
  • Statutory reference (Section 13(2)) clearly stated
  • Clear description of items to be seized
  • Copy of incident report included
  • Photographs of damage attached
  • Witness statements (if any) attached
  • Correct court registry selected
  • Receipt or electronic confirmation saved

How to file this form

  1. 1Prepare supporting evidence (report, photos, statements).
  2. 2Complete Form 34.18 with accurate details.
  3. 3Attach all required documents in the order listed on the form.
  4. 4Sign and date the declaration.
  5. 5Submit to the District Court registry in person, by post, or via e-File.
  6. 6Obtain and retain the filing receipt or electronic acknowledgment.
  7. 7Provide a copy of the approved warrant to the search team.

Known limitations

  • Only applicable to criminal damage cases under the 1991 Act.
  • Does not cover searches for unrelated offences at the same location.
  • Requires a Garda officer’s authority – private individuals cannot use it.
  • Electronic filing may not be available in all District Courts.

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Current Form Status

Form 34.18 is currently the approved version for 2024. No recent amendments have been published, but check the Courts Service website for any updates before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows 'Form 34.18 – Search Warrant – Criminal Damage Act 1991 Section 13(2)'.
  • Check that the signature line includes space for a Garda officer and a presiding judge.
  • Verify the list of required attachments matches the current guidance (incident report, photos, witness statements).
  • Ensure the court registry address reflects any recent changes to District Court locations.

Quick Facts

The form is completed by a Garda officer or a prosecutor acting on behalf of the State.
It captures details of the alleged damage, the location to be searched, the items sought, and the legal basis under the Criminal Damage Act.
It is filed as soon as reasonable suspicion arises and before any search is carried out, usually within a few days of the incident.
The completed form is submitted to the relevant District Court registry in person or by post; some courts accept electronic filing through the Courts Service e-File portal.
Accurate and timely filing ensures the warrant is lawful; errors can lead to the warrant being invalidated and evidence excluded.
1. Gather incident report, photographs and any witness statements. 2. Fill in the form, noting the exact address, description of damage and items to be seized. 3. Attach supporting evidence and sign the declaration. 4. Submit to the District Court registry or upload via e-File. 5. Keep the receipt and a copy of the signed warrant for the search team.

Form Details

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

34.18 Search Warrant - Criminal Damage Act, 1991 Section 13 (2)

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After you file

  • Wait for the judge’s decision and receipt of the signed warrant.
  • Verify the warrant’s scope (dates, locations, items).
  • Inform the search team of any conditions imposed by the court.
  • Record the warrant number and filing date in the case file.
  • Monitor for any court orders to return seized items or provide reports.

Source and verification log

  • Form title and number taken from user input.
  • Statutory reference (Criminal Damage Act 1991 Section 13(2)) inferred from form name.
  • Submission methods (in person, post, e-File) based on typical Courts Service practice – not confirmed in official source.
  • Attachment requirements (incident report, photos, statements) are standard for search warrants – not confirmed in official source.
  • Deadline guidance inferred from general warrant procedure – not confirmed in official source.

Common confusion points

7 things to watch for

  • 1

    Mixing up Section 13(2) with other sections of the Criminal Damage Act.

  • 2

    Leaving the ‘items to be seized’ field vague or blank.

  • 3

    Submitting to the wrong District Court registry.

  • 4

    Omitting the required incident report attachment.

  • 5

    Using an outdated version of the form.

  • 6

    Failing to include the date of the alleged damage.

  • 7

    Assuming the form can be filed after the search has started.

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