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34.55 Search Warrant - Criminal Justice (Psychoactive Substances) Act 2010 Section 12(4)

This form is a Search Warrant specifically relating to the Criminal Justice (Psychoactive Substances) Act 2010, under Section 12(4). It grants official permission to search premises for psychoactive substances.

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Form Overview

34.55 Search Warrant - Criminal Justice (Psychoactive Substances) Act 2010 Section 12(4)

This form is a Search Warrant specifically relating to the Criminal Justice (Psychoactive Substances) Act 2010, under Section 12(4). It grants official permission to search premises for psychoactive substances.

It captures details about the location being searched, the specific substances sought, and the legal basis under Section 12(4) of the Act.

Risk Radar

  • Always confirm the exact section reference (12(4)) on the form itself.
  • Omitting the specific address being searched.
  • Not clearly listing the psychoactive substances sought.
  • Failing to reference Section 12(4) correctly.
  • Missing the authorizing judge's signature/stamp.

Plain English

If someone needs legal authority to search a place looking for illegal or controlled psychoactive substances in Ireland, they use this form. This document acts as the court's stamp of approval for that search action.

Submission Date

  • The warrant must be issued prior to the intended search date. Specific deadlines depend on the urgency of the investigation.
  • 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

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What this form is for

  • Use this form when you need an official court order to search property.
  • This order must specifically relate to finding psychoactive substances as defined by the 2010 Act.
  • It is used under Section 12(4) of that Act, which dictates the specific legal grounds for the search.
  • Do not use this if you are serving a standard summons or arrest warrant; this is strictly for searching.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
General Search WarrantForm 34.55 (or similar)If the offence isn't specifically psychoactive substances under S12(4)Check if your grounds fit the Act.
Arrest WarrantForm TBD (Check Courts website)When you are arresting someone, not just searching premisesEnsure the warrant specifies search rights too.
Summons/Citation FormNot confirmed in official sourceIf you only need to compel someone to appear in courtThis form grants permission to *search*.
Warrant for Seizure OnlyNot confirmed in official sourceWhen the primary goal is taking evidence, not just searchingCheck if S12(4) requires a full search warrant.

Deadline or filing window

The warrant must be issued prior to the intended search date. Specific deadlines depend on the urgency of the investigation.

Before you submit

  • All required parties (Applicant, Judge/Magistrate) must be clearly named.
  • The specific premises to be searched must be described with enough detail (address, unit number).
  • The grounds for the search must explicitly reference Section 12(4) of the Act.
  • A clear list of what is being sought (psychoactive substances) should be detailed.
  • Ensure there are no handwritten errors in the form number or section citation.

How to file this form

  1. 1Complete all sections accurately using black ink if filling out a hard copy.
  2. 2Have the warrant signed by the authorised judicial officer of the Courts Service.
  3. 3File the original, signed document with the relevant court office (e.g., District Court).
  4. 4Provide copies to the person or entity who will execute the search.

Known limitations

  • This form grants permission for a *search*, not necessarily an immediate arrest or seizure.
  • The scope of the search is limited by what is written on the warrant; anything outside that scope requires further authority.
  • It does not guarantee the substances found are illegal under the 2010 Act, only that you have permission to look for them.
  • Not confirmed in official source: The maximum number of premises covered per single form is not specified.

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Current Form Status

This is the specific warrant document for searches under Section 12(4) of the Psychoactive Substances Act 2010. It remains a key tool used by law enforcement when seeking permission to search premises.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the current date and year printed on the form matches today's date.
  • Verify that 'Section 12(4)' of the Psychoactive Substances Act 2010 is clearly stated.
  • Check if any specific local court requirements (e.g., Dublin Circuit Court) have added unique fields.
  • Ensure the signature block allows for the correct judicial officer's title.

Quick Facts

Typically, Gardaí (police) or other authorized persons need to complete and submit this warrant.
It captures details about the location being searched, the specific substances sought, and the legal basis under Section 12(4) of the Act.
This form is used when a search needs to happen because of an investigation related to psychoactive substance offences. It must be prepared before the physical search takes place.
Submission details are not confirmed in official source, but it relates to the Courts Service of Ireland, suggesting court filing or Garda station submission.
Submitting it incorrectly means a search might be challenged later. Errors can lead to evidence being deemed inadmissible in Irish courts.
Fill out all sections clearly using black ink. Ensure the warrant specifies exactly where and what is being searched for. Sign and date the document as required by the Courts Service of Ireland before filing.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

34.55 Search Warrant - Criminal Justice (Psychoactive Substances) Act 2010 Section 12(4)

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After you file

  • Keep a copy of the filed warrant with your case file.
  • If executed, ensure the search team completes an 'Execution Record' referencing this Form 34.55.
  • Track when the execution deadline expires (if one is set).
  • Notify the relevant prosecuting authority that the warrant has been served/executed.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Number: 34.55
  • Legal Basis: Criminal Justice (Psychoactive Substances) Act 2010
  • Specific Provision: Section 12(4)
  • Not confirmed in official source: The exact required signatory authority beyond the judge.

Common confusion points

4 things to watch for

  • 1

    Confusing it with a general search warrant: This form is specific to 'Psychoactive Substances'.

  • 2

    Not clarifying *why* you need the search (e.g., suspicion of possession vs. production).

  • 3

    Failing to specify the exact location details of the property.

  • 4

    Assuming the Judge automatically knows what psychoactive substances means; always refer to the Act if possible.

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