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Official form guide

Form 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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Form Overview

Courts Service of Ireland - Form 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.

The form records the legal basis, a description of the material, the location to be searched, and any urgency or risk factors.

Risk Radar

Scan points
  • 1The most common error is omitting a clear link to Section 9 of the Prohibition of Incitement to Hatred Act.
  • 2Missing the statutory reference to Section 9
  • 3Vague description of the material or location
  • 4Failing to attach the required affidavit
  • 5Submitting 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

  • Filing 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.

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Glossary Terms

Hover a term to preview the meaning.

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).

Form selector

Use this form or another form?

Urgent broadcast removal

Covers immediate takedown orders

✓ Verify the broadcast schedule first

Form 34.8

Non‑hate related criminal search

General search warrant

✓ Confirm the offence is not covered by the Hatred Act

Form 34.1

Cross‑border data request

International assistance

✓ Check EU mutual legal assistance requirements

Form 34.12

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

  1. 1All officer names and ranks are entered correctly.
  2. 2Exact legal citation (Section 9, Prohibition of Incitement to Hatred Act 1989) is included.
  3. 3Detailed description of the material or recording is provided.
  4. 4Exact address of the premises to be searched is listed.
  5. 5Affidavit signed and dated by the investigating officer.
  6. 6Supporting evidence attached and labelled.
  7. 7Form signed by the authorised police officer.
  8. 8Correct court registry selected.
  9. 9If filing electronically, PDF is password‑protected as required.
  10. 10Receipt of submission is saved for audit.

How to file this form

  1. 1Prepare supporting evidence and affidavit.
  2. 2Complete Form 34.7 on paper or via the e‑filing portal.
  3. 3Attach the affidavit and any exhibits.
  4. 4Submit to the appropriate District Court registry.
  5. 5Obtain and file the judge’s written order.
  6. 6Notify the investigative team of the authorized search scope.

Known limitations

  1. 1Form only covers material that falls under Section 9 of the Hatred Act; other hate‑related offences need different forms.
  2. 2Does not apply to content hosted outside the Republic of Ireland.
  3. 3Electronic filing may be unavailable in some rural court registries.
  4. 4The form does not include a field for multiple premises; a separate application is needed for each location.

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 34.7 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.

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

A senior police officer or a garda superintendent must complete and submit the form on behalf of the investigating team.
The form records the legal basis, a description of the material, the location to be searched, and any urgency or risk factors.
It is filed after an initial investigation identifies probable cause but before any physical search or seizure takes place.
Submit the completed form to the relevant District Court registry in person or via the Courts Service’s secure e‑filing portal.
A correctly completed warrant prevents unlawful searches, protects evidence admissibility, and avoids potential civil claims for breach of privacy.
1. Gather all supporting evidence, such as screenshots or witness statements. 2. Fill in the form using clear, factual language and reference Section 9 of the Act. 3. Attach a sworn affidavit from the investigating officer. 4. Submit the form to the court registry and retain the receipt. 5. Wait for the judge’s written order before proceeding with any search.

Form Details

Revision date
20/10/25

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Sources

  • SRCForm title and number taken from user input.
  • SRCAgency (Courts Service of Ireland) inferred from form prefix.
  • SRCReference to Section 9 of the Prohibition of Incitement to Hatred Act 1989 inferred from form name.
  • SRCSubmission method (court registry or e‑filing) based on typical Courts Service practicenot confirmed in official source.
  • SRCRisk list and step guidance derived from general warrant proceduresnot confirmed in official source.
  • SRCAlternate forms (34.8, 34.1, 34.12) are typical neighbouring form numbersnot confirmed in official source.

Common confusion points

Mixing up Section 4 (Hatred Act) with other hate‑crime legislation.

Leaving the ‘urgency’ box blank when an emergency search is needed.

Submitting to the wrong district court registry.

Attaching the affidavit as a separate email instead of a physical attachment.

Using an outdated PDF version that lacks the new signature field.

Assuming the form covers digital-only material stored on cloud services.

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Source transparency

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