District Court Rules
Schedule: B - Forms in criminal proceedings Form: 38.7 Order Authorising 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(3)
Criminal Justice Act 1994, Section 38 (as amended by Section 20, Proceeds of Crime (Amendment) Act 2005)
Order Authorising 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
UPON APPLICATION this day by the above-named applicant, *a member of the Garda Síochána *an officer of Customs and Excise for an Order authorising the further detention of the said cash
BEING SATISFIED THAT
notice of the application was duly served
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.
IT IS ORDERED that the further detention of the said cash seized and detained by the applicant by virtue of section 38 of the above-mentioned Act be and is hereby authorised for a period of ……….. (being a period not exceeding three months) from the date of this order until the … day of …………. 200…
Notice of this Order shall be given to ……………… and to any other person affected by this Order.
Dated this … day of ………………. 200…
Signed ……………………………
Judge of the District Court
To ………………….., the Respondent
of ……………………………………
And to …………………..
*Delete inapplicable words
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