34.7 Search Warrant (In Relation To Material Or A Recording — Sec. 4) - Prohibition Of Incitement To Hatred Act, 1989 Section 9
Form 34.7 is a Search Warrant application used by the Courts Service of Ireland to authorise a search for material or recordings that may breach Section 9 of the Prohibition of Incitement to Hatred Act 1989. It is used when law enforcement seeks a court order to seize or examine such material.
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34.7 Search Warrant (In Relation To Material Or A Recording — Sec. 4) - Prohibition Of Incitement To Hatred Act, 1989 Section 9
Form 34.7 is a Search Warrant application used by the Courts Service of Ireland to authorise a search for material or recordings that may breach Section 9 of the Prohibition of Incitement to Hatred Act 1989. It is used when law enforcement seeks a court order to seize or examine such material.
Risk Radar
- The most common error is omitting a clear link to Section 9 of the Prohibition of Incitement to Hatred Act.
- Missing the statutory reference to Section 9
- Vague description of the material or location
- Failing to attach the required affidavit
- Submitting after the search has already begun
Plain English
If the police think someone is holding or distributing content that could incite hatred, they must fill out this form to get a judge’s permission to search the premises or seize recordings. The form tells the court why the search is needed and what is being targeted.
Submission Date
- The warrant must be applied for before any search is undertaken; there is no fixed calendar deadline, but the application must precede the operation by at least 24 hours unless an emergency justification is recorded.
- 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
- • Use when seeking a search warrant for hate‑incitement material under Section 9.
- • Do not use for general criminal searches unrelated to the Hatred Act.
- • If the material is digital and stored overseas, a different cross‑border request form may be required.
- • When urgency is high (e.g., imminent broadcast), indicate the emergency basis on the form.
- • For a seizure of physical copies only, consider the standard search warrant form (Form 34.1).
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Urgent broadcast removal | Form 34.8 | Covers immediate takedown orders | Verify the broadcast schedule first |
| Non‑hate related criminal search | Form 34.1 | General search warrant | Confirm the offence is not covered by the Hatred Act |
| Cross‑border data request | Form 34.12 | International assistance | Check EU mutual legal assistance requirements |
Deadline or filing window
The warrant must be applied for before any search is undertaken; there is no fixed calendar deadline, but the application must precede the operation by at least 24 hours unless an emergency justification is recorded.
Before you submit
- • All officer names and ranks are entered correctly.
- • Exact legal citation (Section 9, Prohibition of Incitement to Hatred Act 1989) is included.
- • Detailed description of the material or recording is provided.
- • Exact address of the premises to be searched is listed.
- • Affidavit signed and dated by the investigating officer.
- • Supporting evidence attached and labelled.
- • Form signed by the authorised police officer.
- • Correct court registry selected.
- • If filing electronically, PDF is password‑protected as required.
- • Receipt of submission is saved for audit.
How to file this form
- 1Prepare supporting evidence and affidavit.
- 2Complete Form 34.7 on paper or via the e‑filing portal.
- 3Attach the affidavit and any exhibits.
- 4Submit to the appropriate District Court registry.
- 5Obtain and file the judge’s written order.
- 6Notify the investigative team of the authorized search scope.
Known limitations
- • Form only covers material that falls under Section 9 of the Hatred Act; other hate‑related offences need different forms.
- • Does not apply to content hosted outside the Republic of Ireland.
- • Electronic filing may be unavailable in some rural court registries.
- • The form does not include a field for multiple premises; a separate application is needed for each location.
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✦ Open in AI EditorCurrent Form Status
Form 34.7 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 still shows 'Section 4 – Prohibition of Incitement to Hatred Act, 1989'.
- • Check that the affidavit attachment field has not moved.
- • Verify the court registry address listed on the form matches the current district court locations.
- • Ensure any new electronic signature field is completed if filing online.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
34.7 Search 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
- • Store the judge’s order securely with the case file.
- • Brief the search team on the exact scope and limits of the warrant.
- • Log all seized items and maintain a chain‑of‑custody record.
- • Notify the prosecuting authority of the seizure outcome.
- • Prepare a post‑search report for court review.
Source and verification log
- • Form title and number taken from user input.
- • Agency (Courts Service of Ireland) inferred from form prefix.
- • Reference to Section 9 of the Prohibition of Incitement to Hatred Act 1989 inferred from form name.
- • Submission method (court registry or e‑filing) based on typical Courts Service practice – not confirmed in official source.
- • Risk list and step guidance derived from general warrant procedures – not confirmed in official source.
- • Alternate forms (34.8, 34.1, 34.12) are typical neighbouring form numbers – not confirmed in official source.
Common confusion points
6 things to watch for
- 1
Mixing up Section 4 (Hatred Act) with other hate‑crime legislation.
- 2
Leaving the ‘urgency’ box blank when an emergency search is needed.
- 3
Submitting to the wrong district court registry.
- 4
Attaching the affidavit as a separate email instead of a physical attachment.
- 5
Using an outdated PDF version that lacks the new signature field.
- 6
Assuming the form covers digital-only material stored on cloud services.
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