34.46 Search Warrant - Criminal Justice (Mutual Assistance) Act 2008, S. 74(7)

What this form is for

• • When you need a court‑issued warrant to search outside Ireland.
• • When the evidence sought is not obtainable within Irish borders.
• • When the foreign state has a mutual assistance treaty with Ireland.
• • When the request is based on criminal offences covered by the 2008 Act.
• • When you have already obtained a domestic search warrant but need it executed abroad.

Use this form or another form?

Deadline or filing window

The warrant must be filed before the foreign authority’s statutory limitation period expires, typically within 30 days of the Irish court’s decision.

Before you submit

• • Case reference and court number entered correctly.
• • Exact description of premises or items to be searched.
• • Statutory citation to Section 74(7) included.
• • All supporting affidavits attached.
• • Judge’s signature present and legible.
• • Prosecutor’s signature present.
• • Correct foreign jurisdiction name and address.
• • Copy of the domestic search warrant (if any) attached.
• • Postage or courier details recorded.
• • Retention copy filed in the case file.

How to file this form

1. 1Prepare supporting affidavit and gather case documents.
2. 2Complete Form 34.46 on the official Courts Service template.
3. 3Have the form signed by the authorised judge.
4. 4Obtain the prosecutor’s signature.
5. 5Make a duplicate for the case file.
6. 6Send the original by recorded post to the Courts Service Central Office.
7. 7Forward a copy to the relevant foreign authority via diplomatic channel.

Known limitations

• • Only applicable where a mutual assistance treaty exists.
• • Cannot be used for civil investigations.
• • Limited to evidence that is reasonably expected to be found abroad.
• • Requires prior judicial determination of necessity.