District Court Rules

ORDER 34

MISCELLANEOUS SEARCH WARRANTS

Warrant — under the Criminal Justice (Theft and Fraud Offences) Act, 2001 (No 50 of 2001)

1. (1) An application by a member of the Garda Síochána to a Judge of the District Court for the issue of a warrant pursuant to section 48(2) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 (as substituted by section 192(1)(a) of the Criminal Justice Act, 2006) may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by the information on oath and in writing of such member in the Form 34.1, Schedule B. A warrant granted on foot of such information shall be in the Form 34.1A, Schedule B.

[SI 412/03; SI 322/08]

(2) An application by a member of the Garda Síochána for an order under section 50(2) of the said Act of 2001 for the forfeiture and subsequent disposal of any thing set out in section 50(1) of the said Act of 2001 may be made to the Judge of the District Court for the time being assigned to the District Court district in which the thing was seized and shall be preceded by the issue and service of a notice of application in the Form 34.2A, Schedule B upon (i) the relevant District Court Clerk (ii) the person, if any is identifiable, from whose possession the thing was seized and (iii) any person who has claimed to the applicant to be the owner of or otherwise interested in the thing. An order under section 50(2) of the Act of 2001 shall be in the Form 34.2B, Schedule B.

[SI 412/03]

(3) An application by a member of the Garda for an order under section 52(2) of the said Act of 2001 (as substituted by section 192(1)(b) of the Criminal Justice Act, 2006) that a person produce material to a member of the Garda Síochána for the member to take away, or give such a member access to it, may be made to the Judge of the District Court assigned to the District Court District wherein the person in respect of whom such order is sought resides or carries on any trade or business. Such application shall be by the information on oath and in writing of such member in the Form 34.2C, Schedule B. An order made under section 52(2) of the Act of 2001 on foot of such information shall be in the Form 34.2D, Schedule B.

[SI 412/03; SI 322/08]

Warrant — under the National Monuments (Amendment) Act, 1987 (No 17 of 1987)

Application for — venue

2. (1) An application for the issue of a search warrant pursuant to section 22 of the National Monuments (Amendment) Act, 1987 in relation to a place described in that section may be made at any sitting of the court for the court district wherein such place is located.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.3, Schedule B, of the member of the Garda Síochána seeking the issue of the warrant.

Form of warrant

(3) A search warrant issued on foot of such information shall be in the Form 34.4, Schedule B.

Warrant — under the Prohibition of Incitement to Hatred Act, 1989 (No 19 of 1989)

Application for — venue

3. (1) An Application to a Judge of the District Court for the issue of a warrant pursuant to section 9 of the Prohibition of Incitement to Hatred Act, 1989 may, subject to the provisions of section 9(3) of that Act, be made at any sitting of the court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.5 or 34.6, Schedule B, as appropriate, of a member of the Garda Síochána not below the rank of sergeant.

Forms of warrant

(3) A warrant issued on foot of such information shall be in the Form 34.7 or 34.8, Schedule B, as appropriate.

Warrant — under the Video Recordings Act, 1989 (No 22 of 1989)

Application for — venue

4. (1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 25 of the Video Recordings Act, 1989 may be made at any sitting of the court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.9, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A warrant issued on foot of such information shall be in the Form 34.10, Schedule B.

Warrant — under the Firearms and Offensive Weapons Act, 1990 (No 12 of 1990)

Application for — venue

5. (1) An application to a Judge of the District Court for the issue of a search warrant pursuant to section 15 of the Firearms and Offensive Weapons Act, 1990 may be made at any sitting of the court for the court district wherein the premises in respect of which the warrant is sought are situated.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.11, Schedule B, of the member of the Garda Síochána seeking the issue of the warrant.

Form of warrant

(3) A search warrant issued on foot of such information shall be in the Form 34.12, Schedule B.

Warrant — under the Broadcasting Act, 1990 (No 24 of 1990)

Application for — venue

6. (1) An application for the grant of a search warrant pursuant to section 14 of the Broadcasting Act, 1990 may be made at any sitting of the court for the court district wherein the place in respect of which the warrant is sought is situated.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.13, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.

Form of warrant

(3) A warrant granted to the applicant on foot of such information shall be in the Form 34.14, Schedule B.

Warrant — under the Companies Act 2014 (No 38 of 2014)

Application for — venue

7. (1) An application for the issue of a warrant pursuant to section 787 of the Companies Act 2014 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.15, Schedule B, laid by a designated officer (within the meaning of section 787(13) of the Companies Act 2014).

(3) A warrant issued to a designated officer on foot of such information shall be in the Form 34.16, Schedule B.

— extension.

(4) An application under section 787(10) of the Companies Act 2014 for an order extending the period of validity of a warrant shall be by the information on oath and in writing of the designated officer to whom the warrant was issued in the Form 34.15, Schedule B, with any necessary modifications. The information shall state, by reference to the purpose or purposes for which the warrant was issued, the reasons why the designated officer considers the extension to be necessary. The original warrant shall be produced to the Court on the hearing of an application for such extension and, where an order is made extending the period of validity of the warrant, the Judge shall cause the warrant to be suitably endorsed to indicate its extended period of validity in accordance with section 787(11) of the Companies Act 2014 and shall endorse thereon the date of the order for extension and resign the warrant.

[SI 480/18]

Warrant — under the Criminal Damage Act, 1991 (No 31 of 1991)

Application for

8. (1) An application by a member of the Garda Síochána for a search warrant under section 13 of the Criminal Damage Act, 1991 shall be by information on oath and in writing in the Form 34.17, Schedule B and may be made to the Judge of the District Court for the court district wherein the premises in respect of which the warrant is sought are situated.

Form of warrant

(2) A search warrant issued under section 13(2) of that Act by the Judge on foot of such information shall be in the Form 34.18, Schedule B or, where the property concerned is data or where the warrant is issued on a ground referred to in section 13(1)(c) of the Act, Form 34.19, Schedule B.

Warrant — under the Criminal Law (Sexual Offences) Act, 1993 (No 20 of 1993)

Application for

9. (1) Where the issue of a warrant pursuant to section (2) of the Criminal Law (Sexual Offences) Act, 1993 to search a premises and arrest a person is sought, application therefor may be made at any sitting of the court for the court district wherein the premises are situated.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing, in the Form 34.20, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A warrant issued by a Judge to a member of the Garda Síochána on foot of such information shall be in the Form 34.21, Schedule B.

Warrant — under the Criminal Law Amendment Act, 1935 (No 6 of 1935)

Application for

10. (1) Where the issue of a search warrant pursuant to section 19 of the Criminal Law Amendment Act, 1935 in respect of premises suspected to be a brothel is sought, application therefor may be made at any sitting of the court for the District Court area wherein the premises concerned are situated.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing, in the Form 34.22, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A search warrant issued by a Judge of the District Court on foot of such information shall be in the Form 34.23, Schedule B.

Warrant — under the Child Trafficking and Pornography Act, 1998 (No 22 of 1998)

Application for

11. (1) An application to the District Court for the issue of a warrant pursuant to section 7 of the Child Trafficking and Pornography Act, 1998 may be made to the District Court Judge for the District Court district wherein the place in respect of which the warrant is sought is situated.

Application for — by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.24, Schedule B of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A warrant issued on foot of such information shall be in the Form 34.25, Schedule B.

[SI 216/99]

12.–13.

[Orders not yet issued]

Warrant — under the Trade Marks Act, 1996 (No 6 of 1996), the Copyright and Related Rights Act, 2000 (No 28 of 2000) or the Industrial Designs Act, 2001 (No 39 of 2001)

Definitions

14. (1) In this rule—

‘the Act of 1996’ means the Trade Marks Act, 1996 (No 6 of 1996),

‘the Act of 2000’ means the Copyright and Related Rights Act, 2000 (No 28 of 2000);

‘the Act of 2001’ means the Industrial Designs Act, 2001 (No 39 of 2001).

(2) An application by a member of the Garda Síochána for a warrant under section 25(2) of the Act of 1996, section 143 or section 261 of the Act of 2000 or section 70 of the Act of 2001 shall be by information on oath and in writing of a member of the Gardai Síochána in the Form 34.30, Schedule B and may be made to the Judge of the District Court for the court district wherein the premises or place, in respect of which the warrant is sought is or are situated.

(3) A warrant issued under section 143 or section 261 of the Act of 2000 or section 70 of the Act of 2001 on foot of such information shall be in the Form 34.31, Schedule B. A warrant issued under section 25(2) of the Act of 1996 on foot of such information shall be in the Form 34.32, Schedule B.

[SI 411/04]

Warrant — under the European Arrest Warrant Act, 2003 (No 45 of 2003)

15. (1) An application to a Judge of the District Court by a member of the Garda Síochána for the issue of a warrant pursuant to section 25(4)(b) of the European Arrest Warrant Act, 2003 may be made to a Judge of the District Court assigned to the district within which the dwelling concerned is situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.33, Schedule B of the member of the Garda Síochána applying for such warrant.

(3) A warrant issued on foot of such information shall be in the Form 34.34, Schedule B.

[SI 119/05]

Warrant — under the Food Safety Authority of Ireland Act, 1998 (No 28 of 1998)

16. (1) An application to the District Court for the issue of a warrant pursuant to subsection (4) of section 50 of the Food Safety Authority of Ireland Act, 1998 may be made to the Judge of the District Court for the District Court district wherein the premises in respect of which the warrant is sought is situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.35, Schedule B of an authorised officer. A warrant issued on foot of such information shall be in the Form 34.36, Schedule B.

[SI 700/04]

Warrant — under the Criminal Justice (Miscellaneous Provisions) Act, 1997 (No 4 of 1997) as amended by the Criminal Justice Act, 2006 (No 26 of 2006)

17. An application by a member of the Garda Síochána not below the rank of sergeant for the issue of a warrant pursuant to section 10(1) of the Criminal Justice (Miscellaneous Provisions) Act, 1997 (as substituted by section 6(1)(a) of the Criminal Justice Act, 2006) may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by the information on oath and in writing of such member in the Form 34.37, Schedule B. A warrant issued on foot of such information shall be in the Form 34.38, Schedule B.

[SI 322/08]

Warrant — under the Criminal Assets Bureau Act, 1996 (No 31 of 1996) as amended by the Criminal Justice Act, 2006 (No 26 of 2006)

18. An application by a bureau officer who is a member of the Garda Síochána for the issue of a warrant pursuant to section 14(1) of the Criminal Assets Bureau Act, 1996 (as substituted by section 190(1) of the Criminal Justice Act, 2006) may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such bureau officer in the Form 34.39, Schedule B. A warrant issued on foot of such information shall be in the Form 34.40, Schedule B.

[SI 322/08]

Warrant — under the Prevention of Corruption (Amendment) Act, 2001 (No 27 of 2001) as amended by the Criminal Justice Act, 2006 (No 26 of 2006)

19. An application by a member of the Garda Síochána for the issue of a warrant pursuant to section 5 of the Prevention of Corruption (Amendment) Act, 2001 (as substituted by section 191(1) of the Criminal Justice Act, 2006) may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such member in the Form 34.41, Schedule B. A warrant issued on foot of such information shall be in the Form 34.42, Schedule B.

[SI 322/08]

Warrant — under the Consumer Protection Act, 2007 (No 19 of 2007)

20. An application by an authorised officer (for the time being appointed or continued as such in accordance with section 30 of the Consumer Protection Act, 2007 (No 19 of 2007) for the issue of a warrant pursuant to section 30(10) of the said Act of 2007 may be made to the Judge of the District Court assigned to the District Court District wherein the premises in respect of which the warrant is sought are situated. Such application shall be by sworn information in writing of such authorised officer in the Form 34.43, Schedule B. A warrant issued on foot of such information shall be in the Form 34.44, Schedule B.

[SI 106/09]

Warrant — under the Criminal Justice (Mutual Assistance) Act, 2008 (No 7 of 2008)

21. (1) An application pursuant to section 74(7) of the Criminal Justice (Mutual Assistance) Act, 2008 by a member of the Garda Síochána not below the rank of inspector for the issue of a warrant pursuant to section 74(8) of the said Act may be made to the Judge of the District Court assigned to the District Court District where the place concerned is situated, by the information on oath and in writing of such member in the Form 34.45, Schedule B. A warrant granted on foot of such information shall be in the Form 34.46, Schedule B.

(2) An application under section 75(8) of the said Act of 2008 by a member of the Garda Síochána not below the rank of inspector for an order under section 75(10)(a) of the said Act of 2008 that a person produce evidential material to a named member of the Garda Síochána so that he or she may take it away, or give such member access to it, and/or for an order under section 75(10)(b) of the said Act to require any person who appears to the Judge to be entitled to grant entry to the place to allow the member to enter it to obtain access to the material may be made to the Judge of the District Court assigned to the District Court District wherein the evidential material is situated by the information on oath and in writing of such member in the Form 34.47, Schedule B. An application by a member of the Garda Síochána for an order under section 75(10)(b) of the said Act of 2008 may be made to the Judge of the District Court assigned to the District Court District wherein the evidential material is situated by the information on oath and in writing of such member in the Form 34.48, Schedule B. An order made under section 75(10) of the said Act of 2008 on foot of such information shall be in the Form 34.49, Schedule B.

(3) An application for an order under section 75(14) of the said Act of 2008 varying or discharging an order made under section 75(10) shall, unless the Judge otherwise permits, be preceded by the issue of a notice of application in the Form 34.50, Schedule B. A copy of the notice of application shall be served upon the member of the Garda Síochána named in the order or the person to whom the order relates not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The original order shall be produced in court on the hearing of any application for an order varying or discharging it. Any variation ordered may be endorsed on the original or a copy of the order and dated and signed by the Judge.

[SI 94/10]

Warrant — under section 63 of the Criminal Justice Act, 1994 (No 15 of 1994) (as substituted by section 105(g) of the Criminal Justice (Mutual Assistance) Act, 2008 (No 7 of 2008)

22. (1) An application under section 63(1) of the Criminal Justice Act, 1994 by a member of the Garda Síochána for an order under section 63(3) of the said Act that a person produce material to a named member of the Garda Síochána so that he or she may take it away, or give such member access to it, may be made to the Judge of the District Court assigned to the District Court District wherein the material is situated, by the information on oath and in writing of such member in the Form 34.51, Schedule B. An order made on foot of such information shall be in the Form 34.52, Schedule B.

(2) An application under section 63(7) of the said Act for an order varying or discharging an order made under section 63(3) shall, unless the Judge otherwise permits, be preceded by the issue of a notice of application in the Form 34.53, Schedule B. A copy of the notice of application shall be served upon the member of the Garda Síochána named in the order or the person to whom the order relates not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The original order shall be produced in court on the hearing of any application for an order varying or discharging it. Any variation ordered may be endorsed on the original or a copy of the order and dated and signed by the Judge.

[SI 94/10]

Under section 12(4) of the Criminal Justice (Psychoactive Substances) Act, 2010 (No 22 of 2010)

23. An application by a member of the Garda Síochána not below the rank of sergeant for the issue of a warrant pursuant to section 12(4) of the Criminal Justice (Psychoactive Substances) Act, 2010 may be made to the Judge of the District Court assigned to the District Court District wherein the dwelling in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such member in the Form 34.54, Schedule B, and shall be made and heard in accordance with Order 12, rule 27. A warrant issued on foot of such information shall be in the Form 34.55, Schedule B.

[SI 536/11]

Under the Criminal Procedure Act, 2010

24. An application pursuant to section 18(2) of the Criminal Procedure Act 2010 by a member of the Garda Síochána not below the rank of superintendent for the issue of a warrant may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such member in the Form 34.56, Schedule B, and shall be made and heard in accordance with Order 12, rule 27. A warrant issued on foot of such information shall be in the Form 34.57, Schedule B.

[SI 585/11]

Under section 78 or section 78 as applied by section 103 of the Criminal Justice (Money Laundering and Terrorist Financing) Act, 2010 (No 6 of 2010)

25. An application by an authorised officer or, as the case may be, by a relevant authorised officer, for the issue of a warrant pursuant to section 78(2) of the Criminal Justice (Money Laundering and Terrorist Financing) Act, 2010 may be made to the Judge of the District Court assigned to the District Court District wherein the premises in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such officer in the Form 34.58, Schedule B, and shall be made and heard in accordance with Order 12, rule 27. A warrant issued on foot of such information shall be in the Form 34.59, Schedule B.

[SI 653/11]

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