Official form guide
Form 34.40 Search Warrant - Criminal Assets Bureau Act 1996, Section 14(1) (As Substituted By Criminal Justice Act 2006, Section 190(1))
Form 34.40 is a Search Warrant under the Criminal Assets Bureau Act 1996 (as amended by the Criminal Justice Act 2006). It is used by a judge or authorised officer to authorise a search for assets suspected to be linked to criminal activity.
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Form Overview
Courts Service of Ireland - Form 34.40 Search Warrant - Criminal Assets Bureau Act 1996, Section 14(1) (As Substituted By Criminal Justice Act 2006, Section 190(1))
Form 34.40 is a Search Warrant under the Criminal Assets Bureau Act 1996 (as amended by the Criminal Justice Act 2006). It is used by a judge or authorised officer to authorise a search for assets suspected to be linked to criminal activity.
Risk Radar
Scan points- 1The most common error is forgetting the judge’s signature, which invalidates the warrant.
- 2Missing judge’s signature
- 3Incorrect address or description of premises
- 4Leaving out the statutory provision
- 5Failing to attach supporting affidavit
Plain English
Think of this as the official paper that lets the police or the CAB go into a property and seize money, cars or other valuables they think are tied to crime. It must be signed by a judge before any search can happen.
Submission Date
- Filing date: There is no fixed calendar deadline, but the warrant must be issued before any search takes place and within the period of reasonable suspicion, typically within weeks of the investigative report.
- 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 search for criminal assets is needed under the CAB Act.
- When the search involves real property, vehicles, bank accounts, or other high‑value items.
- When a judge’s authorisation is required before any seizure.
- When the investigation is led by the Criminal Assets Bureau or a gardaí unit with CAB powers.
- When the search is not covered by a standard police search warrant (Form 34.30).
Form selector
Use this form or another form?
Standard police search of premises
Covers ordinary evidence collection
✓ Verify if assets are linked to crime before using 34.40
Seizure of cash only
Simpler format for cash seizures
✓ Use only when no other assets are involved
Application for a preservation order
Prevents disposal of assets before trial
✓ Not a search warrant
Deadline or filing window
There is no fixed calendar deadline, but the warrant must be issued before any search takes place and within the period of reasonable suspicion, typically within weeks of the investigative report.
Before you submit
- 1Applicant’s full name and official title entered
- 2Correct case reference number
- 3Accurate address and description of premises
- 4Detailed list of assets to be searched
- 5Statutory provision cited correctly
- 6All supporting affidavits attached
- 7Judge’s signature and date present
- 8Form printed on official court stationery
- 9Copy retained for records
- 10Delivery method (in‑person or courier) confirmed
How to file this form
- 1Prepare investigative summary and affidavits.
- 2Complete the applicant and case details on Form 34.40.
- 3Enter precise premises description and asset list.
- 4Attach all supporting documents.
- 5Obtain the judge’s signature and date.
- 6Make two copies: one for the court, one for the investigating team.
- 7Deliver the original to the District Court registry or CAB office.
Known limitations
- 1Form only applies to assets covered by the CAB Act, not ordinary evidence.
- 2Cannot be used for searches outside the Republic of Ireland.
- 3Requires a judge’s authorisation; not a self‑issued warrant.
- 4Must be filed before the search; post‑search applications are invalid.
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 34.40 is currently the latest version; no amendments have been published since the 2006 substitution.
What changed or needs a fresh check
- Confirm the form header shows the 2006 substitution reference.
- Check that the statutory provision field lists Section 14(1) as amended.
- Verify the judge’s signature block matches the current layout.
- Ensure the supporting affidavit attachment page is included.
- Review any marginal notes for recent procedural updates.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service of Ireland catalogue
- SRCStatutory reference to Criminal Assets Bureau Act 1996 and Criminal Justice Act 2006
- SRCTypical filing process inferred from standard Irish court practice
- SRCNot confirmed in official source: exact submission address for District Court registry
- SRCNot confirmed in official source: exact number of copies required
Common confusion points
Mixing up Form 34.40 with the standard police search warrant (Form 34.30).
Leaving the statutory provision field blank or using the wrong section.
Providing vague premises descriptions that can be challenged.
Submitting the form after the search has already begun.
Failing to attach the required affidavit supporting reasonable suspicion.
Using an outdated version that lacks the 2006 amendment reference.
Not retaining a copy for the investigative team.
Source transparency
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