Official form guide
Form 34.23 Search Warrant - Criminal Law Amendment Act, 1935 Section 19
Form 34.23 is a Search Warrant under Section 19 of the Criminal Law Amendment Act 1935. It is used by a court to authorise police to search premises or seize evidence in a criminal investigation.
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Form Overview
Courts Service of Ireland - Form 34.23 Search Warrant - Criminal Law Amendment Act, 1935 Section 19
Form 34.23 is a Search Warrant under Section 19 of the Criminal Law Amendment Act 1935. It is used by a court to authorise police to search premises or seize evidence in a criminal investigation.
Risk Radar
Scan points- 1The most common mistake is leaving out the precise legal basis for the search.
- 2Incorrect address or description of premises
- 3Missing statutory justification
- 4Unsigned or improperly dated form
- 5Failure to attach supporting affidavit
Plain English
When the police need legal permission to enter a property and take items for a crime case, they apply using this form. The court reviews the request and, if satisfied, issues the warrant.
Submission Date
- Filing date: The warrant must be applied for before any entry; there is no fixed calendar deadline, but the request should be made as soon as the investigative need is identified.
- 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
- Use when a search under Section 19 of the 1935 Act is required.
- Do not use for searches covered by the Criminal Justice (Forensic Evidence) Act 2016.
- If the search is for a non‑criminal matter, a different civil warrant form applies.
- When the search involves a protected site (e.g., archaeological monument), an additional schedule may be needed.
- For urgent searches, request an expedited hearing rather than using the standard form.
Form selector
Use this form or another form?
Urgent seizure without search
Allows immediate seizure of items in plain view
✓ Verify urgency criteria first
Search of a protected archaeological site
Requires heritage consent
✓ Confirm heritage authority approval
Electronic surveillance request
For intercepting communications
✓ Ensure statutory power under the Interception of Communications Act
Deadline or filing window
The warrant must be applied for before any entry; there is no fixed calendar deadline, but the request should be made as soon as the investigative need is identified.
Before you submit
- 1All parties' names spelled correctly
- 2Exact address of premises entered
- 3Statutory ground cited (Section 19, 1935 Act)
- 4Signature of authorised police officer
- 5Date of application
- 6Supporting affidavit attached
- 7Correct court registry selected
- 8Copy of the completed form retained
- 9If filing electronically, PDF format confirmed
How to file this form
- 1Prepare supporting affidavit and gather evidence.
- 2Complete Form 34.23 on paper or electronically.
- 3Sign and date the form as required.
- 4Attach the affidavit and any additional documents.
- 5Deliver to the appropriate District Court registry or upload via e‑filing.
- 6Obtain the issued warrant copy from the court clerk.
- 7Distribute the warrant to the investigating officers.
Known limitations
- 1Only applicable to searches under the 1935 Act; not for newer legislation.
- 2Does not cover electronic data interception.
- 3Requires a court judge or registrar to sign; cannot be self‑issued.
- 4Limited to criminal investigations; civil matters need other forms.
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form 34.23 is currently in force with no recent amendments noted as of 2024. Check the Courts Service website for any updates before filing.
What changed or needs a fresh check
- Confirm the form header shows the 2023 revision date.
- Check if the electronic signature field has been added.
- Verify any new attachment requirements for affidavits.
- Ensure the court registry address reflects any recent relocations.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogueconfirmed.
- SRCSection 19 reference to Criminal Law Amendment Act 1935confirmed.
- SRCSubmission methods (in‑person, post, e‑filing)not confirmed in official source.
- SRCSpecific risk listinferred, not confirmed in official source.
- SRCAlternate form numbers (34.24, 34.25, 34.26)not confirmed in official source.
- SRCVersion revision datenot confirmed in official source.
Common confusion points
Mixing up Section 19 of the 1935 Act with later search powers.
Assuming electronic filing is available for all courts.
Leaving the "items to be seized" section blank.
Using the wrong court registry for the jurisdiction.
Failing to attach the supporting affidavit.
Submitting after the police have already entered the premises.
Source transparency
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