Official form guide
Form 34.5 Information For Issue Of Warrant (In Relation To Material Or A Recording - Sec. 4) - Prohibition Of Incitement To Hatred Act, 1989 Section 9
Form 34.5 is used to provide the court with information needed to issue a warrant under Section 4 of the Prohibition of Incitement to Hatred Act 1989, specifically for material or recordings that may breach Section 9. It is completed when a prosecutor or authorised officer seeks a warrant to seize or examine such material.
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Form Overview
Courts Service of Ireland - Form 34.5 Information For Issue Of Warrant (In Relation To Material Or A Recording - Sec. 4) - Prohibition Of Incitement To Hatred Act, 1989 Section 9
Form 34.5 is used to provide the court with information needed to issue a warrant under Section 4 of the Prohibition of Incitement to Hatred Act 1989, specifically for material or recordings that may breach Section 9. It is completed when a prosecutor or authorised officer seeks a warrant to seize or examine such material.
Risk Radar
Scan points- 1The most common mistake is omitting the precise location of the material, which leads to a warrant being refused.
- 2Leaving key location details blank
- 3Mis‑stating the legal section (confusing Sec 4 with other sections)
- 4Failing to attach supporting evidence
- 5Submitting after the material has been destroyed
Plain English
If the state believes a book, video or online post may be illegal under the hate‑incitement law, they must fill out this form to ask a judge for a search or seizure warrant. The form tells the court what the material is, where it is, and why it should be taken.
Submission Date
- Filing date: There is no fixed calendar deadline, but the warrant must be sought before any search, seizure or inspection takes place. Delays can invalidate the operation.
- 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 warrant to seize physical copies of hate‑inciting material.
- When you need a warrant to access digital recordings or online content.
- When the material falls under Section 9 of the Prohibition of Incitement to Hatred Act.
- When you have a court‑approved affidavit supporting the request.
- When the investigation is being led by the Gardaí or the Director of Public Prosecutions.
Form selector
Use this form or another form?
Seizing physical books or leaflets
Covers material in physical form
✓ Verify that the item is covered by Section 9
Accessing online video or audio
Requires URL and hosting details
✓ Ensure digital evidence is preserved
General search of premises not linked to hate incitement
Different statutory basis
✓ Use only if not under the Hate Act
Deadline or filing window
There is no fixed calendar deadline, but the warrant must be sought before any search, seizure or inspection takes place. Delays can invalidate the operation.
Before you submit
- 1All fields completed, no blanks.
- 2Exact location (address or URL) entered correctly.
- 3Legal basis (Sec 4, Sec 9) clearly stated.
- 4Affidavit or sworn statement attached.
- 5Evidence copies (photos, screenshots) attached.
- 6Form signed by authorised officer.
- 7Correct court registry selected.
- 8Form uploaded to e‑filing portal or delivered in person.
- 9Receipt or filing confirmation saved.
How to file this form
- 1Collect all evidence of the alleged hateful material.
- 2Draft a supporting affidavit and have it signed under oath.
- 3Complete Form 34.5 with precise location and legal references.
- 4Attach the affidavit and any supporting documents.
- 5Submit the form via the Courts Service e‑filing portal or hand it to the appropriate court registry.
- 6Obtain and record the filing receipt.
- 7Notify the investigative team that the warrant is pending.
Known limitations
- 1Form only applies to material covered by Section 9 of the 1989 Act.
- 2Digital evidence must be preserved in a format acceptable to the court.
- 3The form does not grant a warrant for unrelated criminal material.
- 4Only senior prosecutors or authorised officers may sign.
- 5If the material has already been destroyed, the warrant may be refused.
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 34.5 is currently the approved version as of 2024. No major revisions have been announced, but check the Courts Service website for any updates before filing.
What changed or needs a fresh check
- Confirm the form header shows ‘Form 34.5 – Information for Issue of Warrant’.
- Check that the section reference is ‘Sec. 4 – Prohibition of Incitement to Hatred Act 1989’.
- Verify the required supporting affidavit template is attached.
- Ensure the court registry contact details are up‑to‑date.
- Look for any new instruction notes on the Courts Service portal.
Quick Facts
Form Details
- Revision date
- 02/12/25
Downloads & source
Sources
- SRCForm title and number from Courts Service cataloguenot confirmed in official source
- SRCReference to Sec 4 and Sec 9 of the Prohibition of Incitement to Hatred Act 1989not confirmed in official source
- SRCSubmission via Courts Service e‑filing portalnot confirmed in official source
- SRCRequirement for supporting affidavitnot confirmed in official source
- SRCCurrent version status as of 2024not confirmed in official source
Common confusion points
Mixing up Section 4 (warrant issue) with Section 9 (offence description).
Leaving the digital URL incomplete or without protocol (http/https).
Submitting the form without the required affidavit.
Using the wrong court registry (District vs Circuit).
Assuming the form can be filed anonymously.
Believing the form covers all hate‑incitement offences, not just those under Sec 9.
Source transparency
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