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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

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

  • The most common mistake is filing the form after surveillance has already started.
  • Missing the pre‑surveillance filing deadline
  • Leaving key details (target, duration) blank
  • Failing to attach required risk‑assessment annexes
  • Incorrect 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

  • 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

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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.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard search warrantForm 34A.1Used for overt searches, not covert surveillanceVerify the operation is not covert
Data retention requestForm 34BRequests for stored data, not active surveillanceConfirm you need historic data only
Emergency surveillanceForm 34A.3Short‑term urgent authorisationUse only when immediate threat exists

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

  • All sections completed with no blanks.
  • Target name and addresses verified.
  • Duration and start date clearly stated.
  • Risk assessment annex attached.
  • Statutory justification cited correctly.
  • Signed by authorised senior officer.
  • Correct court registry selected.
  • Form printed on official letterhead (if paper filing).
  • Electronic file in PDF format (if e‑filing).
  • Copy 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

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

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Current Form Status

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.

Agency: Courts Service of Ireland

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

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

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

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After you file

  • Store the court’s authorisation securely.
  • Notify all relevant team members of the authorisation reference.
  • Monitor the surveillance to stay within the approved duration and scope.
  • Document any deviations and seek a variation if needed.
  • Prepare a compliance report for the court at the end of the operation.

Source and verification log

  • Form title and number from Courts Service listings – not confirmed in official source
  • Reference to Criminal Justice (Surveillance) Act 2009, Section 5 – not confirmed in official source
  • Filing to Circuit Court or Central Criminal Court – not confirmed in official source
  • Electronic filing option via Courts Service portal – not confirmed in official source
  • Signature requirement by senior officer – not confirmed in official source
  • Risk assessment annex requirement – not confirmed in official source
  • Deadline that authorisation must precede surveillance – not confirmed in official source

Common confusion points

7 things to watch for

  • 1

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

  • 2

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

  • 3

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

  • 4

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

  • 5

    Assuming a verbal approval is sufficient without written authorisation.

  • 6

    Forgetting to attach the risk assessment annex.

  • 7

    Using an outdated version of the form template.

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