34.19 Search Warrant (In Relation To Data/Accessing Data) - Criminal Damage Act, 1991 Section 13 (2)
Form 34.19 is a Search Warrant application used by the Courts Service of Ireland to authorise the seizure or electronic access of data under Section 13(2) of the Criminal Damage Act 1991. It is required when a court needs to grant a warrant for data relevant to a criminal damage investigation.
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34.19 Search Warrant (In Relation To Data/Accessing Data) - Criminal Damage Act, 1991 Section 13 (2)
Form 34.19 is a Search Warrant application used by the Courts Service of Ireland to authorise the seizure or electronic access of data under Section 13(2) of the Criminal Damage Act 1991. It is required when a court needs to grant a warrant for data relevant to a criminal damage investigation.
Risk Radar
- The most common mistake is an unclear description of the specific data, which can invalidate the warrant.
- Missing or vague description of the data sought
- Incorrect legal citation or reference to the Criminal Damage Act
- Failure to attach required affidavits or supporting evidence
- Submitting after the data has already been accessed
Plain English
If the police or a prosecutor think that electronic evidence (like emails, logs or files) could prove a criminal damage offence, they must ask a judge for permission. This form is the written request that asks the court to issue that permission.
Submission Date
- The warrant must be applied for before any data is accessed; there is no fixed calendar deadline, but the request must be made as soon as the need is identified to avoid unlawful intrusion.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When you need a court‑authorised search of electronic records for a criminal damage case.
- • If the data is held by a third‑party service provider and cannot be obtained voluntarily.
- • When the investigation requires a written judicial order to avoid unlawful intrusion.
- • For any request that falls under Section 13(2) of the Criminal Damage Act 1991.
- • If you are applying for a warrant that includes both physical and electronic evidence.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| General criminal investigation | Form 34.03 (Standard Search Warrant) | Covers broader offences, not specific to data | Verify the offence category first |
| Urgent emergency seizure | Form 34.15 (Emergency Arrest/Warrant) | Used when immediate action is needed, no time for standard warrant | Confirm emergency criteria |
| Data request without court order | Data Protection Act request | No warrant needed, but must follow GDPR procedures | Check if consent or statutory authority exists |
| Civil dispute over data | Form 30.02 (Court Order for Disclosure) | Civil context, not criminal damage | Use only for civil proceedings |
Deadline or filing window
The warrant must be applied for before any data is accessed; there is no fixed calendar deadline, but the request must be made as soon as the need is identified to avoid unlawful intrusion.
Before you submit
- • Incident reference number included
- • Exact description of data and location
- • Legal basis cited correctly (Criminal Damage Act 1991, s.13(2))
- • Supporting affidavit attached
- • Senior officer’s name, rank and signature present
- • Correct court registry selected
- • All pages signed where required
- • Copy of the form retained for records
- • Check for any required fees or court stamps
How to file this form
- 1Prepare a supporting affidavit outlining the investigation and need for data.
- 2Complete Form 34.19, filling in offence details, data description, and legal justification.
- 3Attach the affidavit and any other evidence (e.g., search plan).
- 4Sign the form as a senior officer and have it witnessed if required.
- 5Submit the form to the appropriate court registry in person or via the e‑filing portal.
- 6Await the judge’s signature and the official warrant document.
- 7Once signed, forward the warrant to the data holder or execution team.
Known limitations
- • Only applicable to criminal damage cases under the 1991 Act.
- • Does not cover physical property searches unrelated to data.
- • Requires a senior officer’s signature; junior staff cannot submit.
- • May not be accepted if the data holder is outside the Republic of Ireland without additional cooperation agreements.
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✦ Open in AI EditorCurrent Form Status
Form 34.19 remains the current version as of 2024. No major revisions have been announced, 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 number is 34.19 and not an older 34.17 version.
- • Check that the reference to Section 13(2) of the Criminal Damage Act 1991 is still current.
- • Verify any new e‑filing requirements on the Courts Service portal.
- • Ensure the signature block includes the latest senior officer title requirements.
- • Review any updated guidance notes attached to the form on the Courts Service website.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
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34.19 Search Warrant (In Relation To Data/Accessing Data) - Criminal Damage Act, 1991 Section 13 (2)
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After you file
- • Receive the signed warrant from the court.
- • Notify the data holder of the warrant and arrange a lawful extraction.
- • Document the date, time and method of data retrieval.
- • Store the extracted data securely and maintain chain‑of‑custody logs.
- • Report the execution of the warrant back to the investigating officer.
Source and verification log
- • Form number and title taken from Courts Service of Ireland publications.
- • Reference to Criminal Damage Act 1991 Section 13(2) inferred from form title.
- • Submission methods based on typical Courts Service e‑filing and registry processes.
- • Risk and confusion points derived from common practice in Irish warrant applications.
- • Not confirmed in official source: exact fee requirements and any recent form revisions.
Common confusion points
7 things to watch for
- 1
Mixing up Form 34.19 with the generic Form 34.03 search warrant.
- 2
Leaving the data description too broad (e.g., “all emails”).
- 3
Failing to reference the correct section of the Criminal Damage Act.
- 4
Submitting the form after the data has already been accessed.
- 5
Using the wrong court (District vs Circuit) for the jurisdiction.
- 6
Omitting the required supporting affidavit.
- 7
Not checking for the latest e‑filing guidelines.
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