34.38 Search Warrant - Criminal Justice (Miscellaneous Provisions) Act 1997, Section 10(1) (As Substituted By Criminal Justice Act 2006, Section 6(1)(A))
Form 34.38 is a Search Warrant application used by the Courts Service of Ireland under the Criminal Justice (Miscellaneous Provisions) Act 1997 (as amended). It is completed when a judge or magistrate authorises a search in a criminal investigation.
Need help? AI Editor guides you through every field of 34.38 Search Warrant - Criminal Justice (Miscellaneous Provisions) Act 1997, Section 10(1) (As Substituted By Criminal Justice Act 2006, Section 6(1)(A)).
Start filling →Form Overview
34.38 Search Warrant - Criminal Justice (Miscellaneous Provisions) Act 1997, Section 10(1) (As Substituted By Criminal Justice Act 2006, Section 6(1)(A))
Form 34.38 is a Search Warrant application used by the Courts Service of Ireland under the Criminal Justice (Miscellaneous Provisions) Act 1997 (as amended). It is completed when a judge or magistrate authorises a search in a criminal investigation.
Risk Radar
- The most common mistake is filing the warrant after the search has already started.
- Leaving mandatory fields blank
- Incorrect statutory reference
- Submitting after the search has begun
- Illegible handwriting
Plain English
Think of this as the paperwork a police officer needs to get a court's permission to search a property or person. The form records the legal basis, what will be searched and why it is needed for a criminal case.
Submission Date
- The warrant must be issued before any search takes place; there is no fixed calendar deadline, but the law requires the application to be made as soon as practicable after the investigative need arises.
- 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 a Garda seeks a court‑authorised search of premises or a person.
- • When the search is based on the Criminal Justice (Miscellaneous Provisions) Act 1997.
- • When the search is not covered by a standard seizure order.
- • When you need to record the statutory justification and specific items to be seized.
- • When the search requires a magistrate’s or judge’s signature before execution.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Routine vehicle stop | Form 34.37 (Stop and Search) | Simpler, no court authorisation needed | Use only for low‑risk stops |
| Seizure of financial records | Form 34.40 (Financial Search Warrant) | Specific to banking data | Verify financial legislation applies |
| Emergency entry without warrant | Form 34.45 (Emergency Entry) | Limited to imminent danger | Confirm emergency criteria are met |
Deadline or filing window
The warrant must be issued before any search takes place; there is no fixed calendar deadline, but the law requires the application to be made as soon as practicable after the investigative need arises.
Before you submit
- • All mandatory fields completed
- • Statutory provision correctly cited
- • Supporting affidavit attached
- • Officer’s signature and badge number included
- • Supervising officer’s endorsement present
- • Date and time of application recorded
- • Copy retained for case file
- • Form legibly typed or printed in block capitals
- • Correct court registry selected
- • Electronic file meets PDF size limits if e‑filing
How to file this form
- 1Prepare supporting affidavit and gather all case details.
- 2Complete Form 34.38 on the official template.
- 3Obtain signatures from the requesting officer and supervising officer.
- 4Make a duplicate copy for the investigation file.
- 5Deliver the original to the appropriate court registry in person, by post, or via the e‑filing portal.
- 6Obtain the court’s seal or stamp confirming the warrant.
- 7Distribute the sealed warrant to the executing Garda team.
Known limitations
- • Form is only valid for searches under the specified Acts; other statutes require different forms.
- • Electronic filing may not be available in all districts.
- • The form does not accommodate multi‑jurisdictional searches without additional annexes.
- • No provision for attaching digital evidence files; only paper affidavits accepted.
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
Form 34.38 is currently in force and reflects amendments made by the Criminal Justice Act 2006. No further changes have been announced as of 2024.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check that the statutory reference now cites Criminal Justice Act 2006, Section 6(1)(A).
- • Verify the court registry address reflects any recent relocations.
- • Confirm the electronic filing option is available for your jurisdiction.
- • Ensure the signature field includes space for both officer and supervising officer.
- • Review any updated guidance notes attached to the form.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
34.38 Search Warrant - Criminal Justice (Miscellaneous Provisions) Act 1997, Section 10(1) (As Substituted By Criminal Justice Act 2006, Section 6(1)(A))
AI-powered guidance for every field
✦ Open in AI EditorFree to start · No account required
After you file
- • Receive the court’s signed warrant and verify the seal.
- • Notify the execution team of the warrant details.
- • Record the warrant reference number in the case log.
- • Carry out the search within the time frame stipulated by the court.
- • Prepare a post‑search report noting items seized and any issues.
- • File the report and a copy of the executed warrant back with the court.
Source and verification log
- • Form title and number from Courts Service catalogue.
- • Statutory reference to Criminal Justice (Miscellaneous Provisions) Act 1997 and Criminal Justice Act 2006 inferred from form description.
- • Submission methods (in person, post, e‑filing) based on typical Courts Service practice.
- • Risk and confusion points derived from common procedural issues in Irish search warrant applications.
- • Not confirmed in official source: exact electronic filing portal URL and PDF size limits.
Common confusion points
7 things to watch for
- 1
Mixing up Form 34.38 with Form 34.37 (stop and search).
- 2
Incorrectly citing the 1997 Act instead of the 2006 amendment.
- 3
Submitting the form after the search has begun.
- 4
Leaving the ‘items to be seized’ section vague.
- 5
Using the wrong court registry for the jurisdiction.
- 6
Failing to attach the required affidavit.
- 7
Illegible handwriting causing misinterpretation.
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
View →Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)
Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
View →Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant
Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
View →Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Never sign without understanding every clause.
BrieflyGo reviews your contracts in plain English — instantly.