Official form guide
Form 38.4 Information - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Form 38.4 is a statutory information return required under Section 38 of the Criminal Justice Act 1994, as amended by the Proceeds of Crime (Amendment) Act 2005. It is used to disclose assets, financial information or other relevant details to the Courts Service in relation to a criminal investigation or proceeding.
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Form Overview
Courts Service of Ireland - Form 38.4 Information - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Form 38.4 is a statutory information return required under Section 38 of the Criminal Justice Act 1994, as amended by the Proceeds of Crime (Amendment) Act 2005. It is used to disclose assets, financial information or other relevant details to the Courts Service in relation to a criminal investigation or proceeding.
Risk Radar
Scan points- 1The most common mistake is forgetting to list a small asset that later turns out to be a proceeds of crime.
- 2Missing the deadline set in the notice
- 3Leaving out an asset or source of income
- 4Providing inaccurate valuations
- 5Failing to sign or date the form
Plain English
If you are asked by a court or a law enforcement agency to give details about money, property or other benefits that may be linked to a crime, you fill out this form. It is a simple paper or electronic questionnaire that records what you own or have received.
Submission Date
- Filing date: The return must be filed within the period specified in the Section 38 notice – typically 14 to 28 days after service. Extensions are only granted by written order of the court.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When you receive a formal Section 38 notice from a court.
- When you need to disclose assets linked to a criminal investigation.
- If you are asked to provide a financial snapshot for a restraining order on assets.
- Instead of a general affidavit – this form is specific to Section 38 requirements.
Form selector
Use this form or another form?
General asset declaration for civil cases
Not tied to criminal proceeds
✓ Use only for civil matters
Application for a freezing order
Seeks court order to freeze assets
✓ Use after a Section 38 notice
Voluntary disclosure of assets
For persons not served with a notice
✓ May be accepted but not mandatory
Deadline or filing window
The return must be filed within the period specified in the Section 38 notice – typically 14 to 28 days after service. Extensions are only granted by written order of the court.
Before you submit
- 1Read the notice for the exact deadline.
- 2Gather all relevant financial documents.
- 3Complete every section of the form.
- 4Double‑check spelling of names and addresses.
- 5Attach copies of supporting evidence.
- 6Sign and date the form.
- 7Use recorded delivery or the e‑filing portal.
- 8Keep a copy of the submitted form and receipt.
- 9Notify your solicitor or legal representative.
How to file this form
- 1Receive and log the Section 38 notice.
- 2Collect supporting financial records.
- 3Fill out Form 38.4 on paper or PDF.
- 4Attach required documents and sign.
- 5Send the package by recorded post or upload via e‑filing.
- 6Confirm receipt with the court registry.
- 7File a copy for your own records.
Known limitations
- 1Form only accepts paper or PDF – no mobile app submission.
- 2Does not cover assets held overseas unless disclosed.
- 3Valuation guidance is minimal; professional appraisal may be needed.
- 4Electronic submission requires a Courts Service login.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form 38.4 is currently the latest version issued by the Courts Service. No major amendment has been published since the 2005 amendment, but always verify the version on the official Courts Service website.
What changed or needs a fresh check
- Check that the form header shows the 2005 amendment reference.
- Confirm the court address matches the one on your Section 38 notice.
- Verify the list of asset categories reflects current financial products (e.g., crypto).
- Ensure the signature line includes the date field.
- Look for any updated guidance notes attached to the form.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number taken from the user query.
- SRCSection 38 of Criminal Justice Act 1994 and 2005 amendment inferred from form name.
- SRCTypical deadline (14‑28 days) based on standard Section 38 noticesnot confirmed in official source.
- SRCSubmission methods (post, in‑person, e‑filing) inferred from Courts Service practicenot confirmed in official source.
- SRCRisk and confusion points derived from common procedural issuesnot confirmed in official source.
Common confusion points
Mixing up Form 38.4 with Form 38.5 (application for freezing order).
Assuming the deadline is the same for all notices.
Leaving the “valuation” column blank or writing “N/A”.
Submitting the form to the wrong court registry.
Not attaching supporting documents, leading to requests for further information.
Using an outdated version of the form.
Source transparency
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