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)
Form 38.5 is an Order Authorising Detention of Cash Beyond Forty‑Eight Hours under the Criminal Justice Act 1994 (as amended). It is used when a court needs to keep cash seized in a criminal case for more than two days.
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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)
Form 38.5 is an Order Authorising Detention of Cash Beyond Forty‑Eight Hours under the Criminal Justice Act 1994 (as amended). It is used when a court needs to keep cash seized in a criminal case for more than two days.
Risk Radar
- The most common mistake is forgetting to attach the original seizure receipt.
- Leaving the cash amount blank or incorrect
- Missing the legal citation or amendment reference
- Failing to attach the original seizure receipt
- Submitting after the cash has already been moved
Plain English
If the police or a prosecutor have taken cash from a suspect and the court decides it must stay locked up for longer than 48 hours, this form officially records that decision. It tells the custodial authority they can hold the money while the case proceeds.
Submission Date
- The order must be filed before any movement or release of the cash and as soon as the decision to extend detention is made.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When cash must be held longer than 48 hours after seizure.
- • When a court order is required to extend detention.
- • When the prosecution needs written authority for continued storage.
- • When the original seizure order does not specify an extended period.
- • When the cash is to be held pending trial or sentencing.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Cash seized and released within 48 hours | No form needed | Short‑term detention is covered by the original seizure order | Verify timing before filing |
| Seizure of non‑cash assets (e.g., property) | Form 38.6 (Order Authorising Detention of Property) | Different asset class requires a different order | Check asset type |
| International transfer of seized cash | Form 38.7 (Order for Cross‑Border Transfer) | Cross‑border rules apply | Confirm jurisdiction |
Deadline or filing window
The order must be filed before any movement or release of the cash and as soon as the decision to extend detention is made.
Before you submit
- • Cash amount and description entered correctly
- • Case reference number matches the original seizure
- • Legal citation (Criminal Justice Act 1994, Section 38) included
- • Original seizure receipt attached
- • Signature of authorised court officer present
- • Date of order filled in
- • Correct court registry address used
- • Copies retained for court records
- • Any supporting affidavits attached
How to file this form
- 1Collect seizure documentation and case details.
- 2Complete Form 38.5 with accurate cash and legal information.
- 3Attach the original seizure receipt and any affidavits.
- 4Obtain the required signature and date.
- 5Deliver the form to the appropriate court registry in person or by post.
- 6Obtain a receipt or acknowledgement from the registry.
- 7File a copy in the case file for future reference.
Known limitations
- • Only applies to cash; other assets need different forms.
- • Cannot be used for detention periods exceeding the statutory maximum without further court application.
- • Form does not itself authorize release; a separate order is required.
- • Limited to courts within the Republic of Ireland.
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✦ Open in AI EditorCurrent Form Status
Form 38.5 is currently in force and reflects the amendment by the Proceeds of Crime (Amendment) Act 2005. No major revisions have been announced this year.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the amendment reference to Section 20 of the Proceeds of Crime (Amendment) Act 2005.
- • Check that the court registry address matches the latest court listings.
- • Verify that the signature field includes the title of the authorising officer.
- • Ensure the form version number on the header matches the latest published version.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
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)
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After you file
- • Confirm receipt of the order with the court registry.
- • Update the custodial log to reflect the authorised detention period.
- • Monitor the deadline and request a further order if detention must continue.
- • Notify the prosecuting authority of the order reference.
- • Store the original form with the case file.
Source and verification log
- • Form title and number from Courts Service of Ireland catalogue
- • Reference to Criminal Justice Act 1994, Section 38 (as amended) inferred from form name
- • Amendment by Proceeds of Crime (Amendment) Act 2005 inferred from title
- • Procedural steps based on typical court registry practices in Ireland
- • Not confirmed in official source: exact submission address for each district court
- • Not confirmed in official source: electronic filing availability
Common confusion points
7 things to watch for
- 1
Mixing up the 48‑hour threshold with the total length of detention.
- 2
Using the same form for non‑cash assets.
- 3
Omitting the amendment reference to the 2005 Act.
- 4
Submitting to the wrong district court.
- 5
Leaving the signature line blank or using an unofficial title.
- 6
Failing to attach the original seizure receipt.
- 7
Assuming the form automatically releases the cash after the period expires.
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