Official form guide
Form 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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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1The most common mistake is an unclear description of the specific data, which can invalidate the warrant.
- 2Missing or vague description of the data sought
- 3Incorrect legal citation or reference to the Criminal Damage Act
- 4Failure to attach required affidavits or supporting evidence
- 5Submitting 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
- Filing 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.
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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.
Form selector
Use this form or another form?
General criminal investigation
Covers broader offences, not specific to data
✓ Verify the offence category first
Form 34.03 (Standard Search Warrant)
Urgent emergency seizure
Used when immediate action is needed, no time for standard warrant
✓ Confirm emergency criteria
Form 34.15 (Emergency Arrest/Warrant)
Data request without court order
No warrant needed, but must follow GDPR procedures
✓ Check if consent or statutory authority exists
Civil dispute over data
Civil context, not criminal damage
✓ Use only for civil proceedings
Form 30.02 (Court Order for Disclosure)
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
- 1Incident reference number included
- 2Exact description of data and location
- 3Legal basis cited correctly (Criminal Damage Act 1991, s.13(2))
- 4Supporting affidavit attached
- 5Senior officer’s name, rank and signature present
- 6Correct court registry selected
- 7All pages signed where required
- 8Copy of the form retained for records
- 9Check 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
- 1Only applicable to criminal damage cases under the 1991 Act.
- 2Does not cover physical property searches unrelated to data.
- 3Requires a senior officer’s signature; junior staff cannot submit.
- 4May not be accepted if the data holder is outside the Republic of Ireland without additional cooperation agreements.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->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.
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
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm number and title taken from Courts Service of Ireland publications.
- SRCReference to Criminal Damage Act 1991 Section 13(2) inferred from form title.
- SRCSubmission methods based on typical Courts Service e‑filing and registry processes.
- SRCRisk and confusion points derived from common practice in Irish warrant applications.
- SRCNot confirmed in official source: exact fee requirements and any recent form revisions.
Common confusion points
Mixing up Form 34.19 with the generic Form 34.03 search warrant.
Leaving the data description too broad (e.g., “all emails”).
Failing to reference the correct section of the Criminal Damage Act.
Submitting the form after the data has already been accessed.
Using the wrong court (District vs Circuit) for the jurisdiction.
Omitting the required supporting affidavit.
Not checking for the latest e‑filing guidelines.
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