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District Court Rules

Schedule: B - Forms in criminal proceedings

Form: 38.5 Order Authorising Detention Of Cash Beyond Forty Eight Hours - Criminal Justice Act 1994, section 38 (as amended by section 20, Proceeds Of Crime (Amendment) Act 2005)

S.I. No. 47 of 2006

38.5


SCHEDULE B
O.38, r. 5(2)

Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)

Order Authorising Detention Of Cash Beyond Forty Eight Hours


District Court Area of

District No.

WHEREAS from the application by information on oath and in writing under section 38(2) of the above-mentioned Act of 1994 (as amended) sworn before me on this day, by ……… of …………

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

I AM SATISFIED THAT

On the … day of …………. 200… at ….. o’clock at ……….. in the court (area and) district aforesaid, in accordance with Section 38 of the Criminal Justice Act 1994, as amended by Section 20 of the Proceeds of Crime (Amendment) Act 2005, the said applicant seized and detained from one …………… cash in the amount of ……….. (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).

The said applicant had at the time of such seizure and detention and has 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 beyond forty eight hours from its seizure and detention 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 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