Official form guide
Form 34.46 Search Warrant - Criminal Justice (Mutual Assistance) Act 2008, S. 74(7)
Form 34.46 is a Search Warrant under the Criminal Justice (Mutual Assistance) Act 2008, Section 74(7). It is used by Irish courts to authorise a search in another jurisdiction for evidence needed in a criminal case.
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Form Overview
Courts Service of Ireland - Form 34.46 Search Warrant - Criminal Justice (Mutual Assistance) Act 2008, S. 74(7)
Form 34.46 is a Search Warrant under the Criminal Justice (Mutual Assistance) Act 2008, Section 74(7). It is used by Irish courts to authorise a search in another jurisdiction for evidence needed in a criminal case.
Risk Radar
Scan points- 1The most common mistake is omitting the precise legal citation for Section 74(7).
- 2Incorrect foreign jurisdiction listed
- 3Missing statutory reference to Section 74(7)
- 4Unclear description of items or premises
- 5Signature missing or from the wrong official
Plain English
If the police need to search a place or seize items abroad to help an Irish criminal investigation, they apply for this warrant. The court signs off, then the request is sent to the foreign authority for execution.
Submission Date
- Filing date: The warrant must be filed before the foreign authority’s statutory limitation period expires, typically within 30 days of the Irish court’s decision.
- 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 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.
Form selector
Use this form or another form?
Domestic search only
No foreign element, simpler authority
✓ Verify location is in Ireland
International request for assistance (non‑search)
Applies to letters of request, not warrants
✓ Use if you only need documents
Extradition request
Separate legal process for surrender of persons
✓ Not a search warrant
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
- 1Case reference and court number entered correctly.
- 2Exact description of premises or items to be searched.
- 3Statutory citation to Section 74(7) included.
- 4All supporting affidavits attached.
- 5Judge’s signature present and legible.
- 6Prosecutor’s signature present.
- 7Correct foreign jurisdiction name and address.
- 8Copy of the domestic search warrant (if any) attached.
- 9Postage or courier details recorded.
- 10Retention copy filed in the case file.
How to file this form
- 1Prepare supporting affidavit and gather case documents.
- 2Complete Form 34.46 on the official Courts Service template.
- 3Have the form signed by the authorised judge.
- 4Obtain the prosecutor’s signature.
- 5Make a duplicate for the case file.
- 6Send the original by recorded post to the Courts Service Central Office.
- 7Forward a copy to the relevant foreign authority via diplomatic channel.
Known limitations
- 1Only applicable where a mutual assistance treaty exists.
- 2Cannot be used for civil investigations.
- 3Limited to evidence that is reasonably expected to be found abroad.
- 4Requires prior judicial determination of necessity.
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 34.46 is current as of the 2023 amendment to the Mutual Assistance Act. No further changes have been published since.
What changed or needs a fresh check
- Check that the form header reflects the 2023 amendment date.
- Confirm the statutory reference reads ‘Section 74(7) of the Criminal Justice (Mutual Assistance) Act 2008’.
- Verify the signature block includes the current presiding judge’s title.
- Ensure the foreign jurisdiction field uses the latest ISO country codes.
- Review any attached annexes for updated affidavit templates.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogueconfirmed.
- SRCReference to Criminal Justice (Mutual Assistance) Act 2008, Section 74(7)confirmed.
- SRCSignature requirements (judge and prosecutor)not confirmed in official source.
- SRCSubmission method (post to Central Office)not confirmed in official source.
- SRCDeadline window of 30 daysnot confirmed in official source.
- SRC2023 amendment statusnot confirmed in official source.
Common confusion points
Mixing up Form 34.45 (domestic) with Form 34.46 (international).
Leaving the statutory clause blank or using the wrong section number.
Using informal place names instead of the official address.
Failing to attach the supporting affidavit.
Submitting the form to the wrong court office.
Assuming electronic submission is available – it is not.
Source transparency
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