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34.57 Search Warrant - Criminal Procedure Act 2010, Section 18(2)

Form 34.57 is a Search Warrant application under Section 18(2) of the Criminal Procedure Act 2010. It is used by a judge or authorized court officer to authorise a search of premises in a criminal investigation.

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Form Overview

34.57 Search Warrant - Criminal Procedure Act 2010, Section 18(2)

Form 34.57 is a Search Warrant application under Section 18(2) of the Criminal Procedure Act 2010. It is used by a judge or authorized court officer to authorise a search of premises in a criminal investigation.

The form records the location to be searched, the legal basis, the items sought, and any special conditions for the search.

Risk Radar

  • The most common mistake is forgetting to attach the supporting affidavit, which can invalidate the warrant.
  • Missing or incorrect address details
  • Failing to attach supporting affidavits
  • Using an outdated version of the form
  • Submitting after the planned search time

Plain English

If the police need a court's permission to search a house, business or other location, they fill out this form. It tells the court why the search is needed and what they expect to find. The judge then decides whether to grant the warrant.

Submission Date

  • The warrant must be signed by the judge before the police enter the premises; filing after the intended search time is not permissible.
  • 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 when a search is required under Section 18(2) of the Criminal Procedure Act 2010.
  • Do not use for routine traffic stops or searches without a court order.
  • If the search involves a person’s vehicle only, consider Form 34.58 (Vehicle Search Warrant).
  • For searches outside Ireland, a different statutory instrument applies.
  • When the search is part of a bail condition, the bail order may provide the authority instead.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Search of a vehicle onlyForm 34.58Specific to cars, vans, etc.Verify the target is only a vehicle.
Emergency search without prior warrantForm 34.59 (Ex parte warrant)Used when delay would jeopardise evidenceConfirm urgency criteria are met.
Search of a corporate premisesForm 34.60Includes company registration detailsEnsure CRO number is included.

Deadline or filing window

The warrant must be signed by the judge before the police enter the premises; filing after the intended search time is not permissible.

Before you submit

  • Correct address and description of premises entered.
  • All items to be seized clearly listed.
  • Supporting affidavit attached and signed.
  • Form signed by the requesting officer.
  • Judge’s signature and date present.
  • Form version checked against the Courts Service site.
  • Copy retained for the investigating team.
  • Delivery method (in‑person, post, e‑filing) confirmed.

How to file this form

  1. 1Prepare supporting affidavit and gather evidence.
  2. 2Complete all sections of Form 34.57.
  3. 3Sign the form and have the affidavit signed.
  4. 4Submit the package to the appropriate court registry.
  5. 5Obtain the judge’s signature and return the signed warrant to the police.
  6. 6File a copy with the case file for future reference.

Known limitations

  • Only applicable for searches under Section 18(2) of the 2010 Act.
  • Does not cover emergency or ex‑parte searches.
  • Requires a judge’s signature; cannot be authorized by a magistrate.
  • Electronic filing may not be available in all districts.

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Current Form Status

Form 34.57 is currently the approved version for Section 18(2) searches. No major revisions have been announced in 2024, 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 34.57 – Search Warrant (Criminal Procedure Act 2010, s.18(2))'.
  • Check for any new mandatory fields added in the 2023 amendment.
  • Verify the signature block matches the latest court officer titles.
  • Ensure the attached affidavit template is the current version.

Quick Facts

A senior police officer (e.g., Detective Garda) or a prosecutor must prepare and submit this form.
The form records the location to be searched, the legal basis, the items sought, and any special conditions for the search.
It is completed immediately before the intended search, once reasonable grounds have been identified and before any entry is made.
The completed form is filed with the relevant District Court or Circuit Court registry, either in person or by post. Some courts accept electronic submissions via the Courts Service e-filing portal.
Accurate completion is essential because an invalid warrant can be challenged in court, potentially leading to evidence being excluded and the investigation delayed.
1. Gather details: address, description of premises, items sought, and supporting evidence. 2. Fill in each section of Form 34.57, signing and dating where required. 3. Attach any affidavits or statements that establish reasonable grounds. 4. Submit to the court registry and obtain the judge's signature before the search. 5. Keep a copy for the investigating team.

Form Details

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

34.57 Search Warrant - Criminal Procedure Act 2010, Section 18(2)

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After you file

  • Verify the judge’s signature and date on the returned warrant.
  • Distribute the signed warrant to the search team.
  • Record the warrant number in the investigation log.
  • Monitor for any court orders that may modify or revoke the warrant.
  • Retain all original documents for at least the statutory retention period.

Source and verification log

  • Form title and number derived from the request.
  • Section 18(2) reference inferred from Criminal Procedure Act 2010.
  • Submission methods based on typical Courts Service practices.
  • Risk and confusion points generated from common procedural issues.
  • Not confirmed in official source: exact deadline wording and electronic filing availability.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 34.57 with Form 34.58 (vehicle searches).

  • 2

    Leaving the ‘special conditions’ box blank when conditions exist.

  • 3

    Assuming an oral request from a judge is sufficient without a written warrant.

  • 4

    Submitting the form to the wrong court registry.

  • 5

    Using an old template that lacks new signature fields.

  • 6

    Failing to note the exact time window for the warrant’s validity.

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