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District Court Rules

Schedule: B - Forms in criminal proceedings

Form: 38.8 Notice Of Application For An Order Directing The Release Of Cash Seized - Criminal Justice Act 1994, section 38 (as amended by section 20, Proceeds of Crime (Amendment) Act 2005)

S.I. No. 47 of 2006

38.8


SCHEDULE B
O.38, r. 7(1)

Criminal Justice Act 1994, Section 38 (as amended by Section 20, Proceeds of Crime (Amendment) Act 2005)

Notice Of Application For An Order Directing The Release 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,

being

*the person from whom the said cash was seized, will apply under paragraph (a) of subsection (5) of section 38 of the above-mentioned Act of 1994

*a person by or on whose behalf the said cash was being *imported/*exported, will apply under paragraph (a) of subsection (5) of section 38 of the above-mentioned Act of 1994

†any other person, will apply under paragraph (b) of subsection (5) 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 directing the release of the cash seized on the grounds that there *are no/*are no longer grounds for the detention of cash as are mentioned in subsection (2) of section 38 of the above-mentioned Act of 1994.

†detention of the cash is not for that reason or for any other reason justified.

Dated this … day of ………… 200…

Signed ………………

Applicant

To …………………

of ………………

*member of the Garda Síochána *officer of Customs and Excise

And to: District Court Clerk at ………………

* Delete words inapplicable

† Where application by “any other person” under section 38(5)(b).