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Form 34.53 Notice Of Application To Vary / Discharge An Order Under Section 63(3) Of The Act - Criminal Justice Act 1994, S. 63(7) (As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S.105

Form 34.53 is a notice to the Courts Service of Ireland requesting a change or cancellation of an order made under Section 63(3) of the Criminal Justice Act 1994 (as amended by the Criminal Justice (Mutual Assistance) Act 2008). Use it when you need the court to vary or discharge that specific order.

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Form Overview

Courts Service of Ireland - Form 34.53 Notice Of Application To Vary / Discharge An Order Under Section 63(3) Of The Act - Criminal Justice Act 1994, S. 63(7) (As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S.105

Form 34.53 is a notice to the Courts Service of Ireland requesting a change or cancellation of an order made under Section 63(3) of the Criminal Justice Act 1994 (as amended by the Criminal Justice (Mutual Assistance) Act 2008). Use it when you need the court to vary or discharge that specific order.

The form captures the details of the existing order, the reasons for variation or discharge, and any supporting evidence or legal arguments.

Risk Radar

Scan points
  • 1The most common mistake is forgetting to include the exact court reference number.
  • 2Missing the court reference number
  • 3Leaving the reason for variation vague
  • 4Failing to attach supporting evidence
  • 5Submitting to the wrong court registry

Plain English

If a court order that was made under the mutual‑assistance provisions of the Criminal Justice Act needs to be altered or removed, you file this notice. It tells the judge why the order should be changed and asks the court to consider your request.

Submission Date

  • Filing date: There is no fixed statutory deadline, but filing before any enforcement step (e.g., asset seizure) is strongly advised.
  • 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 you need to change the terms of a Section 63 order.
  • When you want the order completely removed.
  • If the order was made under the Criminal Justice (Mutual Assistance) Act 2008.
  • For applications that are not about bail or sentencing but about mutual‑assistance orders.
  • When you have new evidence that affects the original order.

Form selector

Use this form or another form?

Changing bail conditions

Specific to bail, not Section 63 orders

✓ Verify the order type first

Form 34.51

Applying for a stay of proceedings

Different procedural route

✓ Confirm you need a stay, not a variation

Form 34.56

Requesting a review of a conviction

Deals with convictions, not orders

✓ Use only for conviction reviews

Form 34.57

Deadline or filing window

There is no fixed statutory deadline, but filing before any enforcement step (e.g., asset seizure) is strongly advised.

Before you submit

  1. 1Court reference number entered correctly.
  2. 2All parties’ full names and addresses listed.
  3. 3Clear, concise reason for variation or discharge provided.
  4. 4All supporting documents attached and labelled.
  5. 5Form signed and dated by the applicant.
  6. 6Correct court registry address used.
  7. 7Copy of the original Section 63 order included.
  8. 8Check for any court‑specific filing fees.
  9. 9Retain a dated copy for your records.

How to file this form

  1. 1Download the latest Form 34.53 from courts.ie.
  2. 2Complete the form using black ink or the e‑Filing interface.
  3. 3Gather the original order and any evidence supporting your request.
  4. 4Sign and date the notice.
  5. 5Post to the appropriate court registry or upload via e‑Filing.
  6. 6Obtain a receipt or postal proof of service.
  7. 7Follow up with the court clerk to confirm receipt.

Known limitations

  1. 1Form does not cover bail variations – use Form 34.51 instead.
  2. 2Only applicable to orders made under Section 63(3) of the 1994 Act.
  3. 3No online payment option for filing fees on the e‑Filing portal.
  4. 4No guidance for appeals; separate appeal forms are required.

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 34.53 is currently the approved version for Section 63 applications; no recent amendments have been published as of 2024.

What changed or needs a fresh check

  • Check that the court reference field matches the latest format.
  • Confirm the heading now includes the 2008 amendment reference.
  • Verify that the signature line requires a date.
  • Ensure the space for supporting documents is still present.
  • Review any new guidance notes linked on the Courts Service site.

Quick Facts

Anyone who is a party to, or affected by, the Section 63 order – typically the applicant, a co‑defendant, or a victim – can file this form.
The form captures the details of the existing order, the reasons for variation or discharge, and any supporting evidence or legal arguments.
File the notice as soon as you become aware that the order should be varied or discharged, and before any further enforcement action is taken.
Submit the completed form to the court that issued the original order, either by post to the relevant District or Circuit Court registry or via the Courts Service’s e‑Filing portal if available.
A correctly filed notice ensures the court can consider your request promptly; errors or late filing may result in the order remaining unchanged and could lead to enforcement actions.
1. Download Form 34.53 from the Courts Service website. 2. Fill in the case number, parties, and details of the existing order. 3. Explain clearly why you want the order varied or discharged and attach any supporting documents. 4. Sign and date the form. 5. Send it to the issuing court by post or upload it through the e‑Filing portal, keeping a copy for your records.

Form Details

Revision date
20/10/25

Downloads & source

Fill Form 34.53 Notice Of Application To Vary / Discharge An Order Under Section 63(3) Of The Act - Criminal Justice Act 1994, S. 63(7) (As Substituted By Criminal Justice (Mutual Assistance) Act 2008, S.105

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Sources

  • SRCForm title and number taken from user input.
  • SRCSection 63(3) reference inferred from Criminal Justice Act 1994.
  • SRCMutual Assistance amendment reference inferred from Criminal Justice (Mutual Assistance) Act 2008.
  • SRCSubmission methods (post, e‑Filing) inferred from typical Courts Service practice.
  • SRCDeadline guidance not confirmed in official source.
  • SRCFee requirement not confirmed in official source.

Common confusion points

Mixing up Section 63 orders with standard criminal sentences.

Assuming the form can be used to vary bail conditions.

Leaving the reason for change too generic (e.g., “I changed my mind”).

Submitting to the Central Criminal Court instead of the original issuing court.

Forgetting to attach the original order copy.

Not checking whether a filing fee is required.

Using an outdated version of the form.

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