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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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
- The most common mistake is omitting the precise location of the material, which leads to a warrant being refused.
- Leaving key location details blank
- Mis‑stating the legal section (confusing Sec 4 with other sections)
- Failing to attach supporting evidence
- Submitting 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Seizing physical books or leaflets | Form 34.5 | Covers material in physical form | Verify that the item is covered by Section 9 |
| Accessing online video or audio | Form 34.5 (digital annex) | Requires URL and hosting details | Ensure digital evidence is preserved |
| General search of premises not linked to hate incitement | Form 34.4 | 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
- • All fields completed, no blanks.
- • Exact location (address or URL) entered correctly.
- • Legal basis (Sec 4, Sec 9) clearly stated.
- • Affidavit or sworn statement attached.
- • Evidence copies (photos, screenshots) attached.
- • Form signed by authorised officer.
- • Correct court registry selected.
- • Form uploaded to e‑filing portal or delivered in person.
- • Receipt 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
- • Form only applies to material covered by Section 9 of the 1989 Act.
- • Digital evidence must be preserved in a format acceptable to the court.
- • The form does not grant a warrant for unrelated criminal material.
- • Only senior prosecutors or authorised officers may sign.
- • If the material has already been destroyed, the warrant may be refused.
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✦ Open in AI EditorCurrent Form Status
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.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 02/12/25
Downloads
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
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After you file
- • Track the filing receipt number.
- • Monitor the court’s response for approval or queries.
- • If approved, arrange the execution of the warrant with the Gardaí.
- • Document the seizure or inspection results.
- • File the executed warrant and any seized items with the court record.
- • Update the case file and inform the DPP.
Source and verification log
- • Form title and number from Courts Service catalogue – not confirmed in official source
- • Reference to Sec 4 and Sec 9 of the Prohibition of Incitement to Hatred Act 1989 – not confirmed in official source
- • Submission via Courts Service e‑filing portal – not confirmed in official source
- • Requirement for supporting affidavit – not confirmed in official source
- • Current version status as of 2024 – not confirmed in official source
Common confusion points
6 things to watch for
- 1
Mixing up Section 4 (warrant issue) with Section 9 (offence description).
- 2
Leaving the digital URL incomplete or without protocol (http/https).
- 3
Submitting the form without the required affidavit.
- 4
Using the wrong court registry (District vs Circuit).
- 5
Assuming the form can be filed anonymously.
- 6
Believing the form covers all hate‑incitement offences, not just those under Sec 9.
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