Order 34 - Miscellaneous Search Warrants : S.I. No. 216 Of 1999
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No34-S.I. No. 207 Of 2002: District Court (Company Law Enforcement) Rules 2002
No34-S.I. No. 412 Of 2003: District Court (Theft And Fraud Offences) Rules, 2003
No34-S.I. No. 700 Of 2004: District Court (Food Safety) Rules 2004
No34-S.I. No. 411 Of 2004: District Court (Intellectual Property) Rules, 2004
No34-S.I. No. 119 Of 2005: District Court (European Arrest Warrant) Rules, 2005
No34-S.I. No. 322 Of 2008: District Court (Search Warrants) Rules 2008
No34-S.I. No. 106 Of 2009: District Court (Consumer Protection Act 2007) Rules 2009
No34-S.I. No. 94 Of 2010: District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
No34-S.I. No. 536 Of 2011: District Court (Criminal Justice (Psychoactive Substances) Act 2010) Rules 2011
No34-S.I. No. 585 Of 2011: District Court (Criminal Procedure Act 2010) Rules 2011
No34-S.I. No. 653 Of 2011: District Court (Criminal Justice (Money Laundering And Terrorist Financing) Act 2010) Rules 2011
No34-S.I. No. 480 Of 2018: District Court (Companies Act 2014: Search Warrants) Rules 2018
Miscellaneous search warrants
Warrant—under the Larceny Act, 1916 (6 & 7 Geo. 5 C.H. 50)
Application for,
- venue.
1. (1) An application by a member of the Garda Síochána to a Judge of the District Court for the grant of a warrant pursuant to section 42(1) of the Larceny Act, 1916 may be made at any sitting of the Court for the court district wherein the property is located.
- by sworn informtion.
(2) Such application shall be by the information on oath and in writing in the Form 34.1, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.
- Form of warrant.
(3) A warrant to search for and seize the property, which is granted on foot of such information, shall be in the Form 34.2, Schedule B.
— 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.
- by sworn informtion.
(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.
— 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.
- by sworn informtion.
(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.
- by sworn informtion.
(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.
— under the Firearms and Offensive Weapons Act, 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.
- by sworn informtion.
(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.
— 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.
- by sworn informtion.
(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.
— under the Companies Act, 1990 (No. 33 of 1990)
Application for,
- venue.
7. (1) An application for the issue of a warrant pursuant to section 20(1) of the Companies 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.
- by sworn informtion.
(2) Such application shall be by the information on oath and in writing in the Form 34.15, Schedule B, laid by an officer authorised by the Minister for Industry and Commerce or laid under the authority of the said Minister.
(3) A warrant issued to a member of the Garda Síochána on foot of such information shall be in the Form 34.16, Schedule B, and shall continue in force until the end of the period of one month after the date on which it is issued.
— 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.
— 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 10(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.
- by sworn informtion.
(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.
— 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.
- by sworn informtion.
(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.
- by sworn informtion.
(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.