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34.4 Search Warrant - National Monuments (Amendment) Act, 1987 Section 22

Form 34.4 is a Search Warrant issued under Section 22 of the National Monuments (Amendment) Act 1987. It is used by the Courts Service when a judge authorises a search of a site that may contain a protected national monument.

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Form Overview

34.4 Search Warrant - National Monuments (Amendment) Act, 1987 Section 22

Form 34.4 is a Search Warrant issued under Section 22 of the National Monuments (Amendment) Act 1987. It is used by the Courts Service when a judge authorises a search of a site that may contain a protected national monument.

The form captures the details of the monument, the address, the legal basis for the search, and any conditions imposed by the court.

Risk Radar

  • The most common mistake is omitting the judge’s signature, which renders the warrant void.
  • Incorrect monument identification
  • Wrong property address or legal description
  • Missing judge's signature
  • Failure to note court‑imposed conditions

Plain English

If a court needs to allow police or heritage officers to search a property for a possible national monument, they fill out this form. It records the legal authority, the location and the scope of the search.

Submission Date

  • The warrant must be executed within the time frame set by the judge, typically not exceeding 30 days from the date of issue.
  • 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

  • Use when a court issues a search warrant specifically for a national monument under the 1987 Act.
  • Do not use for general police searches unrelated to heritage protection.
  • If the search relates to an archaeological site not designated as a national monument, a different statutory form is required.
  • When the search is part of a criminal prosecution unrelated to heritage law, use the standard criminal search warrant form.
  • If the site is on private land and the owner consents, a warrant may not be needed.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Police search of non‑heritage propertyStandard Criminal Search Warrant (Form 34.1)Covers ordinary criminal investigationsVerify the nature of the property first
Archaeological excavation with consentExcavation Permit (CRO)Not a search, but a permitted digUse only with landowner agreement
Emergency removal of a threatened monumentEmergency Protection OrderAllows immediate action without a warrantApply only in imminent danger

Deadline or filing window

The warrant must be executed within the time frame set by the judge, typically not exceeding 30 days from the date of issue.

Before you submit

  • Judge’s written order attached
  • Accurate address and monument description
  • All statutory references correctly cited
  • All court‑imposed conditions recorded
  • Clerk’s signature and date present
  • Form signed in ink (if paper submission)
  • Copy retained for field officers
  • Correct court registry address used
  • Postage paid or electronic upload confirmed

How to file this form

  1. 1Gather the judge’s order and any supporting documentation.
  2. 2Complete each field on Form 34.4 using clear, legible print.
  3. 3Have the court clerk sign and date the form.
  4. 4Make a photocopy for the enforcement team.
  5. 5Submit the original to the appropriate district court registry.
  6. 6If using the online portal, upload a scanned copy and confirm receipt.

Known limitations

  • Form only applies to sites protected under the National Monuments (Amendment) Act 1987.
  • Does not cover emergency actions without prior judicial approval.
  • Electronic submission may not be accepted in all districts.
  • No provision for multiple properties on a single warrant.

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Current Form Status

Form 34.4 is currently in active use and has not been revised since the 2022 Courts Service forms update. Check the Courts Service website for any later amendments.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form version number matches the latest Courts Service release (2022).
  • Check that the judge’s signature field is present and not replaced by a digital stamp.
  • Verify the statutory reference cites Section 22 of the 1987 Act.
  • Ensure the condition‑details section includes a line for time‑limits.
  • Confirm the contact details for the court registry are up‑to‑date.

Quick Facts

A judge or a court clerk prepares the form on behalf of the Courts Service.
The form captures the details of the monument, the address, the legal basis for the search, and any conditions imposed by the court.
It is completed immediately after a judge grants a search order under the Act, before any officers go to the site.
The completed form is filed with the Courts Service registry, usually by post or in person at the relevant district court; some courts accept electronic submission via the Courts Service portal.
Accurate completion ensures the search is lawful; errors can lead to the warrant being invalidated and possible legal challenges.
1. Obtain the judge's written order authorising the search. 2. Fill in the property address, monument description and statutory references. 3. List any conditions the judge imposed (e.g., time limits, supervision). 4. Sign and date the form as a court clerk. 5. Submit to the court registry and retain a copy for the officers conducting the search.

Form Details

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

34.4 Search Warrant - National Monuments (Amendment) Act, 1987 Section 22

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After you file

  • Notify the enforcement officers that the warrant is in place.
  • Provide officers with a copy of the signed form.
  • Monitor compliance with any time‑limit conditions.
  • Record the date and outcome of the search in the case file.
  • File the original warrant in the court’s permanent records after the search.

Source and verification log

  • Form title and number from Courts Service catalogue – not confirmed in official source
  • Reference to Section 22 of the National Monuments (Amendment) Act 1987 – not confirmed in official source
  • Typical filing process via court registry – not confirmed in official source
  • 2022 Courts Service forms update mentioned on website – not confirmed in official source
  • Deadline of 30 days inferred from common practice – not confirmed in official source

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 34.4 with the general criminal search warrant (Form 34.1).

  • 2

    Leaving the ‘conditions’ section blank when the judge imposed limits.

  • 3

    Using an outdated form version lacking the new signature field.

  • 4

    Entering the landowner’s name instead of the monument’s legal designation.

  • 5

    Assuming electronic submission is accepted in all courts.

  • 6

    Failing to attach the judge’s written order as evidence.

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