District Court Rules
Schedule: B - Forms in criminal proceedings Form: 38.9 Order Directing The Release 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. 7(3)
Criminal Justice Act 1994, Section 38 (as amended by Section 20, Proceeds of Crime (Amendment) Act 2005)
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
UPON APPLICATION this day by the above-named applicant, being
*the person from whom the said cash was seized, 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, under paragraph (a) of subsection (5) of section 38 of the above-mentioned Act of 1994
†any other person, under paragraph (b) of subsection (5) of section 38 of the above-mentioned Act of 1994
BEING SATISFIED THAT
notice of the application was duly served
there *are no/ *are no longer 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 not/*is no longer justified while its origin or derivation is further investigated or 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.
no application for the forfeiture of the said cash has been made under section 39 of the above-mentioned Act of 1994 and is undetermined
no proceedings have been issued (in the State or elsewhere) against any person for an offence with which the said cash is connected and are undetermined
†detention of the cash is not for that reason or for any other reason justified.
IT IS ORDERED AND DIRECTED that the said cash seized and detained by virtue of section 38 of the above-mentioned Act be released to ……… of ………..
Dated this … day of ……. 200…
Signed ……
Judge of the District Court
*Delete inapplicable words
† Where application by “any other person” under section 38(5)(b).
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