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Official form guide

Form 34.42 Search Warrant - Prevention Of Corruption (Amendment) Act 2001, Section 5(1) (As Substituted By Section 191(1) Of The Criminal Justice Act 2006)

Form 34.42 is a Search Warrant application under the Prevention of Corruption (Amendment) Act 2001, as amended by the Criminal Justice Act 2006. It is used by authorised officials to request a court order to search premises or seize evidence related to suspected corruption offences.

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Form Overview

Courts Service of Ireland - Form 34.42 Search Warrant - Prevention Of Corruption (Amendment) Act 2001, Section 5(1) (As Substituted By Section 191(1) Of The Criminal Justice Act 2006)

Form 34.42 is a Search Warrant application under the Prevention of Corruption (Amendment) Act 2001, as amended by the Criminal Justice Act 2006. It is used by authorised officials to request a court order to search premises or seize evidence related to suspected corruption offences.

The form records the target of the search, the legal basis, a description of items sought, and the justification for the warrant under the specific legislation.

Risk Radar

Scan points
  • 1The most common mistake is omitting the precise legal basis for the search.
  • 2Missing statutory citation or incorrect section reference
  • 3Vague description of items to be seized
  • 4Submitting after the search has already begun
  • 5Failure to attach supporting affidavit

Plain English

If a police officer or a regulator thinks someone may be hiding corrupt money or documents, they fill out this form to ask a judge for permission to search. The form tells the court why the search is needed and what they hope to find.

Submission Date

  • Filing date: The warrant must be approved by the court before any physical search commences; there is no fixed calendar deadline, but the application should be filed as soon as reasonable suspicion is established.
  • 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

Hover a term to preview the meaning.

What this form is for

  • When seeking a warrant specifically for corruption investigations under the 2001 amendment.
  • When the search relates to assets, documents or records linked to a public official.
  • When the investigation is led by the DPP or Gardaí with statutory authority.
  • When the warrant must reference Section 5(1) of the amendment Act.
  • When a court‑issued search order is required before entry or seizure.

Form selector

Use this form or another form?

General criminal investigation

Used for non‑corruption offences

✓ Verify the offence type before using 34.42

Form 34.41 Search Warrant (General)

Financial investigation under the Criminal Assets Bureau

Focuses on asset freezing rather than search

✓ Use CAB form if only asset restraint is needed

CAB Form 5

Emergency search without prior warrant

Limited to urgent situations

✓ Ensure emergency criteria are met before bypassing 34.42

Form 34.43 Ex Parte Warrant

Deadline or filing window

The warrant must be approved by the court before any physical search commences; there is no fixed calendar deadline, but the application should be filed as soon as reasonable suspicion is established.

Before you submit

  1. 1All investigative details are accurate and up‑to‑date.
  2. 2Correct statutory section (Section 5(1) as substituted) is cited.
  3. 3Target address and description are complete.
  4. 4List of items to be seized is specific.
  5. 5Supporting affidavit signed and attached.
  6. 6Form signed by authorised officer with rank and badge number.
  7. 7Correct court registry selected.
  8. 8If filing electronically, PDFs are clear and under 5 MB each.
  9. 9Confirmation receipt saved in case file.

How to file this form

  1. 1Draft the supporting affidavit and have it sworn before a Commissioner for Oaths.
  2. 2Complete Form 34.42, entering all required details.
  3. 3Attach the affidavit and any supplemental evidence.
  4. 4Submit the original to the appropriate court registry in person or via e‑filing.
  5. 5Obtain a filing receipt or docket number.
  6. 6Notify the investigative team that the warrant is pending approval.
  7. 7Once approved, collect the court‑issued warrant and proceed with the search.

Known limitations

  1. 1Form is only valid for corruption cases under the specified amendment.
  2. 2Cannot be used for civil investigations or unrelated criminal matters.
  3. 3Electronic submission may not be available in all courts.
  4. 4The form does not include a section for witness protection details.
  5. 5Only authorised officers may sign; junior staff must seek approval.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form 34.42 remains in force under the 2001 amendment as substituted by the 2006 Criminal Justice Act. No recent redesign has been published, but always verify the latest version on the Courts Service website.

What changed or needs a fresh check

  • Confirm the form header shows the 2006 amendment reference.
  • Check that the court registry field matches the current district court list.
  • Verify any electronic filing instructions reflect the latest e‑filing portal URL.
  • Ensure space for supporting affidavit attachment is still present.
  • Review the signature block for any updated officer rank requirements.

Quick Facts

Only a senior police officer, a member of the Director of Public Prosecutions (DPP) team, or a designated court official may complete and submit this form.
The form records the target of the search, the legal basis, a description of items sought, and the justification for the warrant under the specific legislation.
It must be submitted before any search takes place, usually after an investigation has identified reasonable suspicion of corruption.
The completed form is filed at the relevant District Court or Central Criminal Court registry, either in person or via the Courts Service e-filing portal where available.
An accurate and timely warrant protects the rights of the person being searched and ensures any evidence collected will be admissible in court. Errors can lead to the warrant being quashed.
Gather all investigative notes and statutory references. Fill in each section clearly, using block letters or typed text. Attach any supporting affidavits or declarations. Submit the original to the court registry and retain a copy for the investigative file. If filing electronically, upload PDFs and confirm receipt via the e‑filing confirmation email.

Form Details

Revision date
20/10/25

Downloads & source

Fill Form 34.42 Search Warrant - Prevention Of Corruption (Amendment) Act 2001, Section 5(1) (As Substituted By Section 191(1) Of The Criminal Justice Act 2006)

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Sources

  • SRCForm title and number from user input
  • SRCLegislation reference (Prevention of Corruption (Amendment) Act 2001, Section 5(1) as substituted by Criminal Justice Act 2006) inferred from form name
  • SRCRoles of senior police/DPP inferred from typical warrant authority in Irish law
  • SRCFiling location (court registry) inferred from standard practice for search warrants
  • SRCElectronic filing availability inferred from Courts Service e‑filing portal
  • SRCNot confirmed in official source: exact layout of the form fields
  • SRCNot confirmed in official source: specific deadline windows

Common confusion points

Mixing up Form 34.42 with the general search warrant (Form 34.41).

Leaving the legal basis field blank or citing the wrong act.

Submitting the form after the search has already started.

Attaching an unsigned affidavit.

Choosing the wrong court registry for the jurisdiction.

Using an outdated PDF version that lacks the latest amendment reference.

Failing to specify the exact items or documents sought.

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