Amendment to Order 34

S.I. No. 322 of 2008: District Court (Search Warrants) Rules 2008

3. The District Court Rules, 1997 (S.I. No. 93 of 1997) are amended:

(i) by the substitution for sub-rule (1) of rule 1 of Order 34 of the following:

“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.”

(ii) by the substitution for sub-rule (3) of rule 1 of Order 34 of the following:

“(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.”

(iii) by the insertion in Order 34 immediately following rule 16 thereof of the following:

“— 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.

 

— 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”.

 

— 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”.

(...)

4. The Forms numbered 34.1, 34.2A and 34.2C respectively in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997) shall be deleted and the Forms numbered  34.1 and  34.1A,  34.2A,  34.2C and 34.2D in Schedule 1 hereof shall respectively be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997) in substitution therefor.

5. The Forms numbered 34.37 to 34.42 inclusive in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).