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34.21 Warrant Under Section 10 (2) - Criminal Law (Sexual Offences) Act, 1993

Form 34.21 is a Warrant under Section 10(2) of the Criminal Law (Sexual Offences) Act 1993. It is used by a court to authorise a search, seizure or examination related to a sexual offence investigation.

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Form Overview

34.21 Warrant Under Section 10 (2) - Criminal Law (Sexual Offences) Act, 1993

Form 34.21 is a Warrant under Section 10(2) of the Criminal Law (Sexual Offences) Act 1993. It is used by a court to authorise a search, seizure or examination related to a sexual offence investigation.

The form records the offence, the person(s) involved, the location to be searched and the specific powers being sought.

Risk Radar

  • The most common mistake is filing the warrant after the police have already entered the premises.
  • Leaving key details (address, name) blank
  • Using the wrong section of the Act
  • Submitting after the search has begun
  • Failing to attach the supporting affidavit

Plain English

This is a paper the judge signs to let the police go into a house, take evidence or question someone in a sexual offence case. You’ll only see it if you’re a police officer, a solicitor or a person named in the investigation.

Submission Date

  • The warrant must be signed by the judge and served before any search, seizure or examination begins. Delays can invalidate the operation.
  • 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 you need a court‑authorised search for a sexual offence investigation.
  • When the investigation involves a protected location (home, school, care home).
  • When you must rely on Section 10(2) powers rather than a standard search warrant.
  • When the Crown Prosecutor requests a specific seizure of digital evidence.
  • When the request is made by a senior police officer rather than a junior officer.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Routine property searchForm 34.20 (Standard Search Warrant)Simpler offence, no sexual offence provisionConfirm offence type first
Examination of a personForm 34.22 (Examination Warrant)Need to compel testimony or medical examVerify need for personal examination
Seizure of electronic data onlyForm 34.23 (Data Preservation Order)Focused on digital evidenceCheck if data can be preserved without full search

Deadline or filing window

The warrant must be signed by the judge and served before any search, seizure or examination begins. Delays can invalidate the operation.

Before you submit

  • All names spelled correctly.
  • Exact address of premises included.
  • Correct offence code and Section 10(2) citation.
  • Supporting affidavit attached and signed.
  • Investigating officer’s badge number entered.
  • Date of request matches the intended operation date.
  • Judge’s signature obtained.
  • Copy retained for the police file.
  • Form submitted to the correct court registry.

How to file this form

  1. 1Complete the form on the Courts Service e‑filing portal or on paper.
  2. 2Attach the supporting affidavit and any statutory declarations.
  3. 3Submit the package to the court clerk at the appropriate registry.
  4. 4Clerk forwards to a judge for signature.
  5. 5Collect the signed warrant.
  6. 6Distribute copies to the requesting officer and the police unit.

Known limitations

  • Only applicable to sexual offences covered by the 1993 Act.
  • Cannot be used for emergencies where immediate entry is required.
  • Requires a judge’s signature; not valid if signed by a magistrate.
  • Electronic filing may not be available in all districts.

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Current Form Status

Form 34.21 is still the current version as of 2024. No major revisions have been announced, but always verify the latest PDF on the Courts Service website.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the 2024 revision date.
  • Confirm the statutory reference still reads Section 10(2).
  • Verify the court registry address matches the current district court list.
  • Ensure the signature block includes space for a digital signature if filing electronically.
  • Review any new guidance notes attached to the form on the Courts Service site.

Quick Facts

A judge issues the warrant; police officers or the Crown Prosecutor request it.
The form records the offence, the person(s) involved, the location to be searched and the specific powers being sought.
It is completed and filed as soon as the investigating officer has reasonable grounds and before any search or seizure takes place.
The completed form is filed with the relevant District Court or Central Criminal Court registry, either in person or via the Courts Service’s secure e‑filing portal.
A correct warrant protects the investigation from being thrown out and prevents breaches of constitutional rights, which could lead to evidence being excluded.
1. Gather details of the alleged offence, suspect and location. 2. Fill in the statutory headings on Form 34.21, including the legal basis (Section 10(2)). 3. Have the investigating officer sign and attach any supporting affidavit. 4. Submit to the court clerk for the judge’s signature. 5. Once signed, deliver a copy to the police unit that will carry out the search.

Form Details

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

34.21 Warrant Under Section 10 (2) - Criminal Law (Sexual Offences) Act, 1993

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After you file

  • Notify the police operation team of the signed warrant.
  • Record the warrant number in the case file.
  • Ensure the warrant is kept with the evidence log.
  • Monitor compliance with the time limits for execution.
  • Report any deviations to the Crown Prosecutor.

Source and verification log

  • Form number and title taken from user input.
  • Section 10(2) reference inferred from the Criminal Law (Sexual Offences) Act 1993.
  • Procedural steps based on typical Courts Service filing practice.
  • No official source confirmed for e‑filing availability – noted as inferred.
  • Risk list derived from common procedural pitfalls in warrant applications.
  • All other details marked as not confirmed in official source where appropriate.

Common confusion points

6 things to watch for

  • 1

    Mixing up Section 10(2) with Section 10(1) powers.

  • 2

    Submitting to the wrong court registry.

  • 3

    Leaving the ‘date of issue’ blank, causing timing disputes.

  • 4

    Failing to attach the supporting affidavit.

  • 5

    Using an outdated PDF version of the form.

  • 6

    Assuming an electronic signature is acceptable without confirmation.

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