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34.8 Search Warrant (In Relation To A Script / Recording Referred To In Section 3 (8)) - Prohibition Of Incitement To Hatred Act, 1989 Section 9

Form 34.8 is a Search Warrant issued by the Courts Service of Ireland for obtaining a script or recording referred to in Section 3(8) of the Prohibition of Incitement to Hatred Act 1989, Section 9. It is used when a court orders the seizure of media material suspected of breaching the hate‑incitement law.

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Form Overview

34.8 Search Warrant (In Relation To A Script / Recording Referred To In Section 3 (8)) - Prohibition Of Incitement To Hatred Act, 1989 Section 9

Form 34.8 is a Search Warrant issued by the Courts Service of Ireland for obtaining a script or recording referred to in Section 3(8) of the Prohibition of Incitement to Hatred Act 1989, Section 9. It is used when a court orders the seizure of media material suspected of breaching the hate‑incitement law.

The form captures the case reference, details of the script/recording, the legal basis under the 1989 Act, and the scope of the search.

Risk Radar

  • The most common mistake is forgetting the judge’s signature, which makes the warrant void.
  • Incorrect case reference number
  • Missing judge’s signature
  • Vague description of the script/recording
  • Citing the wrong section of the 1989 Act

Plain English

If the courts think a script or audio clip might break the hate‑incitement law, they can ask a judge for a warrant to take it. This form records that request and the judge’s approval. It’s a formal, court‑driven tool, not something the public fills out themselves.

Submission Date

  • The warrant must be issued and served before any search or seizure takes place; there is no separate filing deadline beyond that.
  • 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

  • When a court orders seizure of a script or audio clip under Section 9 of the 1989 Act.
  • Only for material specifically mentioned in Section 3(8) of the Act.
  • When police need a formal warrant to enter premises or seize media.
  • If the material is digital, the same form applies but must describe file format and storage location.
  • Do not use for general evidence collection unrelated to hate‑incitement.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
General evidence seizureForm 34.5For non‑hate‑incitement materialVerify the statutory basis first
Search of premises unrelated to mediaForm 34.2Covers property onlyConfirm no media is involved
Emergency stop‑and‑searchForm 34.9Urgent situationsRequires senior officer approval

Deadline or filing window

The warrant must be issued and served before any search or seizure takes place; there is no separate filing deadline beyond that.

Before you submit

  • Case reference matches court order
  • Accurate description of script/recording
  • Correct legal citation (Section 9, 1989 Act)
  • Judge’s signature and date present
  • Form uploaded to the Courts Service portal
  • Printed copy delivered to police liaison
  • Retention of a copy for the court file
  • All parties notified as per court order

How to file this form

  1. 1Obtain the court order authorising the search.
  2. 2Complete Form 34.8 with case details and media description.
  3. 3Have the judge sign and date the form.
  4. 4Upload the signed form to the Courts Service electronic filing system.
  5. 5Print a copy and hand it to the designated police officer.
  6. 6File the original in the court registry for record‑keeping.

Known limitations

  • Only applies to material covered by Section 3(8) of the 1989 Act.
  • Cannot be used for private investigations without court authority.
  • Electronic submission requires a Courts Service login.
  • Does not cover seizure of physical objects unrelated to the script/recording.

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Current Form Status

Form 34.8 remains the current version as of mid‑2026. No major revisions have been announced recently.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the judge’s name and title are up‑to‑date.
  • Confirm the correct citation of Section 9, not Section 8.
  • Verify the electronic signature field matches the latest portal layout.
  • Ensure the case reference format matches the current court numbering system.

Quick Facts

A judge or a senior court official (e.g., a Registrar) issues the warrant; police or authorised officials execute it.
The form captures the case reference, details of the script/recording, the legal basis under the 1989 Act, and the scope of the search.
It is completed immediately after a court decision authorising a search, before any seizure takes place.
The warrant is filed with the issuing court’s registry and a copy is sent to the police unit responsible for execution, typically via the Courts Service’s internal electronic system.
Accurate completion ensures the search is lawful; errors can render the seizure invalid and expose the state to legal challenges.
1. Locate the court order authorising the search. 2. Enter the case number, parties, and specific media item details. 3. Cite the exact provision of the Prohibition of Incitement to Hatred Act being relied on. 4. Have the judge sign and date the form. 5. Upload the completed form to the Courts Service portal and forward a printed copy to the police liaison officer.

Form Details

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

34.8 Search Warrant (In Relation To A Script / Recording Referred To In Section 3 (8)) - Prohibition Of Incitement To Hatred Act, 1989 Section 9

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After you file

  • Confirm police receipt and execution schedule.
  • Monitor the search to ensure it stays within the warrant’s scope.
  • Record the date and outcome of the seizure in the case file.
  • Notify the court of any deviations or issues encountered.
  • Secure the seized material according to evidence handling rules.

Source and verification log

  • Form title and number from Courts Service catalogue
  • Reference to Prohibition of Incitement to Hatred Act 1989, Section 9 – inferred from title
  • Typical court process for search warrants – general legal practice in Ireland
  • Electronic filing via Courts Service portal – standard for modern Irish court forms
  • Not confirmed in official source: exact layout of electronic signature field
  • Not confirmed in official source: specific deadline beyond ‘before search’

Common confusion points

6 things to watch for

  • 1

    Mixing up Section 3(8) with other sections of the Act.

  • 2

    Leaving the judge’s signature blank or using an unofficial stamp.

  • 3

    Describing the media too generally (e.g., ‘audio file’ instead of ‘MP3 file named X’).

  • 4

    Submitting the form after the police have already entered premises.

  • 5

    Using the wrong form number (e.g., 34.5 instead of 34.8).

  • 6

    Failing to upload the form to the correct internal portal.

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