Official form guide
Form 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.
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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1The most common mistake is filing the warrant after the search has already started.
- 2Leaving mandatory fields blank
- 3Incorrect statutory reference
- 4Submitting after the search has begun
- 5Illegible 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
- Filing 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.
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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.
Form selector
Use this form or another form?
Routine vehicle stop
Simpler, no court authorisation needed
✓ Use only for low‑risk stops
Seizure of financial records
Specific to banking data
✓ Verify financial legislation applies
Form 34.40 (Financial Search Warrant)
Emergency entry without warrant
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
- 1All mandatory fields completed
- 2Statutory provision correctly cited
- 3Supporting affidavit attached
- 4Officer’s signature and badge number included
- 5Supervising officer’s endorsement present
- 6Date and time of application recorded
- 7Copy retained for case file
- 8Form legibly typed or printed in block capitals
- 9Correct court registry selected
- 10Electronic 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
- 1Form is only valid for searches under the specified Acts; other statutes require different forms.
- 2Electronic filing may not be available in all districts.
- 3The form does not accommodate multi‑jurisdictional searches without additional annexes.
- 4No provision for attaching digital evidence files; only paper affidavits accepted.
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 34.38 is currently in force and reflects amendments made by the Criminal Justice Act 2006. No further changes have been announced as of 2024.
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
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogue.
- SRCStatutory reference to Criminal Justice (Miscellaneous Provisions) Act 1997 and Criminal Justice Act 2006 inferred from form description.
- SRCSubmission methods (in person, post, e‑filing) based on typical Courts Service practice.
- SRCRisk and confusion points derived from common procedural issues in Irish search warrant applications.
- SRCNot confirmed in official source: exact electronic filing portal URL and PDF size limits.
Common confusion points
Mixing up Form 34.38 with Form 34.37 (stop and search).
Incorrectly citing the 1997 Act instead of the 2006 amendment.
Submitting the form after the search has begun.
Leaving the ‘items to be seized’ section vague.
Using the wrong court registry for the jurisdiction.
Failing to attach the required affidavit.
Illegible handwriting causing misinterpretation.
Source transparency
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