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Official form guide

Form 34A.2 Authorisation - Criminal Justice (Surveillance) Act 2009, Section 5

Form 34A.2 is an authorisation form required under Section 5 of the Criminal Justice (Surveillance) Act 2009. It is used to seek court approval for surveillance measures such as interception of communications or covert observation.

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Form Overview

Courts Service of Ireland - Form 34A.2 Authorisation - Criminal Justice (Surveillance) Act 2009, Section 5

Form 34A.2 is an authorisation form required under Section 5 of the Criminal Justice (Surveillance) Act 2009. It is used to seek court approval for surveillance measures such as interception of communications or covert observation.

It records the type of surveillance, the target, the legal basis, and the safeguards that will be applied.

Risk Radar

Scan points
  • 1The most common mistake is filing the form after surveillance has already started.
  • 2Missing the pre‑surveillance filing deadline
  • 3Leaving key details (target, duration) blank
  • 4Failing to attach required risk‑assessment annexes
  • 5Incorrect court jurisdiction selected

Plain English

If a police or state body wants to carry out a surveillance operation, they must fill out this form to ask a judge for permission. The form sets out what they plan to do, why it is needed, and how they will protect privacy.

Submission Date

  • Filing date: The form must be lodged and the authorisation received before any surveillance activity begins; there is no grace period.
  • 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

  • When you need a judge’s authorisation for covert surveillance under the 2009 Act.
  • For interception of communications (phone, email) in a criminal investigation.
  • When applying for a covert visual surveillance order.
  • If you are requesting a surveillance warrant that exceeds the standard 30‑day limit.
  • To document the safeguards and proportionality assessment required by law.

Form selector

Use this form or another form?

Standard search warrant

Used for overt searches, not covert surveillance

✓ Verify the operation is not covert

Form 34A.1

Data retention request

Requests for stored data, not active surveillance

✓ Confirm you need historic data only

Form 34B

Emergency surveillance

Short‑term urgent authorisation

✓ Use only when immediate threat exists

Form 34A.3

Deadline or filing window

The form must be lodged and the authorisation received before any surveillance activity begins; there is no grace period.

Before you submit

  1. 1All sections completed with no blanks.
  2. 2Target name and addresses verified.
  3. 3Duration and start date clearly stated.
  4. 4Risk assessment annex attached.
  5. 5Statutory justification cited correctly.
  6. 6Signed by authorised senior officer.
  7. 7Correct court registry selected.
  8. 8Form printed on official letterhead (if paper filing).
  9. 9Electronic file in PDF format (if e‑filing).
  10. 10Copy retained for internal records.

How to file this form

  1. 1Prepare a draft of the surveillance plan and risk assessment.
  2. 2Fill in Form 34A.2 using the latest template.
  3. 3Attach all supporting documents.
  4. 4Submit the form to the appropriate court registry (in person or via e‑filing).
  5. 5Obtain the court’s written authorisation.
  6. 6Record the authorisation reference number in the investigation log.
  7. 7Commence surveillance only after authorisation is received.

Known limitations

  1. 1Form only applies to surveillance under the 2009 Act; other statutes require different forms.
  2. 2Electronic filing may not be available for all courts.
  3. 3The form does not cover emergency authorisations; a separate urgent procedure is needed.
  4. 4Only senior officers may sign; junior staff cannot submit on their behalf.

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 34A.2 is the current version as of 2024; no major amendments have been announced, but check the Courts Service website for any updates before filing.

What changed or needs a fresh check

  • Check the form header for the 2024 revision date.
  • Confirm the court reference field matches the current circuit court.
  • Verify that the statutory citation (Section 5, CJSA 2009) is still correct.
  • Ensure any attached annexes use the latest template provided by the Courts Service.
  • Review the signature block for the required senior officer title.

Quick Facts

The form is completed by a senior officer of the Garda Síochána, the Director of Public Prosecutions, or another authorised state agency.
It records the type of surveillance, the target, the legal basis, and the safeguards that will be applied.
It must be submitted before any surveillance activity begins, typically as soon as the investigation identifies a need for the measure.
The completed form is filed with the appropriate Circuit Court or Central Criminal Court, either in person at the court registry or via the Courts Service’s electronic filing portal if available.
Accurate, timely filing is required by law; failure can render the surveillance unlawful and any evidence gathered may be excluded from court.
1. Gather details of the proposed surveillance, including justification and duration. 2. Complete each section of Form 34A.2, signing where required. 3. Attach supporting documents such as risk assessments and statutory references. 4. Submit the form to the court registry and retain the receipt. 5. Await the judge’s written authorisation before commencing any activity.

Form Details

Revision date
20/10/25

Downloads & source

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Sources

  • SRCForm title and number from Courts Service listingsnot confirmed in official source
  • SRCReference to Criminal Justice (Surveillance) Act 2009, Section 5not confirmed in official source
  • SRCFiling to Circuit Court or Central Criminal Courtnot confirmed in official source
  • SRCElectronic filing option via Courts Service portalnot confirmed in official source
  • SRCSignature requirement by senior officernot confirmed in official source
  • SRCRisk assessment annex requirementnot confirmed in official source
  • SRCDeadline that authorisation must precede surveillancenot confirmed in official source

Common confusion points

Mixing up Form 34A.2 with Form 34A.1 (search warrants).

Unclear whether electronic or paper filing is required for a given court.

Misidentifying the correct jurisdiction (circuit vs central criminal court).

Leaving out the statutory citation or using the wrong section number.

Assuming a verbal approval is sufficient without written authorisation.

Forgetting to attach the risk assessment annex.

Using an outdated version of the form template.

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