District Court Rules
Schedule: B - Forms in criminal proceedings Form: 38.6 Notice Of Application For An Order Authorising The Further Detention Of Cash Seized - Criminal Justice Act 1994, section 38 (as amended by section 20, Proceeds Of Crime (Amendment) Act 2005)
SCHEDULE B
O.38, r. 6 (1)
Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Notice Of Application For An Order Authorising The Further Detention Of Cash Seized
District Court Area of
District No.
.…….. Applicant
of ……………
………..…. Respondent
of ……………
WHEREAS an order was made by the Court at ……………. District Court on the …day of ………. 200… authorising pursuant to subsection (2) of section 38 of the above-mentioned Act of 1994 the detention for the period of …………. until the ….day of ………….. 200 ……… of cash in the amount of approximately ………….. (being an amount not less than the sum prescribed by the Minister for Justice, Equality and Law Reform, for the purposes of the said Act, as the prescribed sum) seized and detained on the …. day of ……… 200…… at ………….. in the court (area and) district aforesaid from one ………… in exercise of powers under subsection (1A) of section 38 of the above-mentioned Act of 1994.
TAKE NOTICE THAT the above-named applicant, *a member of the Garda Síochána *an officer of Customs and Excise, will apply under subsection (3) of section 38 of the above-mentioned Act of 1994 at the sitting of ……… District Court to be held at ……… on the ….. day of ……. 20… at …... a.m./p.m. for an Order authorising the further detention of the cash seized on the grounds that there are reasonable grounds for suspecting that:
* the said ……… was importing or exporting or intended to or was about to import or export the said cash and
* the said cash directly or indirectly represented the proceeds of crime
* the said cash was intended by …………… for use in connection with criminal conduct.
The continued detention of the said cash is justified
*while its origin or derivation is further investigated
*while consideration is given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.
Dated this … day of …… 200…
Signed ……………
Applicant
To ………….., the Respondent
of ……………………
And to: ………………….
And to: District Court Clerk at ………………
* Delete words inapplicable
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