Official form guide
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)
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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Form Overview
Courts Service of Ireland - 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)
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
Scan points- 1The most common mistake is forgetting to attach the original seizure receipt.
- 2Leaving the cash amount blank or incorrect
- 3Missing the legal citation or amendment reference
- 4Failing to attach the original seizure receipt
- 5Submitting 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
- Filing 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.
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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.
Form selector
Use this form or another form?
Cash seized and released within 48 hours
Short‑term detention is covered by the original seizure order
✓ Verify timing before filing
Seizure of non‑cash assets (e.g., property)
Different asset class requires a different order
✓ Check asset type
Form 38.6 (Order Authorising Detention of Property)
International transfer of seized cash
Cross‑border rules apply
✓ Confirm jurisdiction
Form 38.7 (Order for Cross‑Border Transfer)
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
- 1Cash amount and description entered correctly
- 2Case reference number matches the original seizure
- 3Legal citation (Criminal Justice Act 1994, Section 38) included
- 4Original seizure receipt attached
- 5Signature of authorised court officer present
- 6Date of order filled in
- 7Correct court registry address used
- 8Copies retained for court records
- 9Any 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
- 1Only applies to cash; other assets need different forms.
- 2Cannot be used for detention periods exceeding the statutory maximum without further court application.
- 3Form does not itself authorize release; a separate order is required.
- 4Limited to courts within the Republic of Ireland.
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->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.
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
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service of Ireland catalogue
- SRCReference to Criminal Justice Act 1994, Section 38 (as amended) inferred from form name
- SRCAmendment by Proceeds of Crime (Amendment) Act 2005 inferred from title
- SRCProcedural steps based on typical court registry practices in Ireland
- SRCNot confirmed in official source: exact submission address for each district court
- SRCNot confirmed in official source: electronic filing availability
Common confusion points
Mixing up the 48‑hour threshold with the total length of detention.
Using the same form for non‑cash assets.
Omitting the amendment reference to the 2005 Act.
Submitting to the wrong district court.
Leaving the signature line blank or using an unofficial title.
Failing to attach the original seizure receipt.
Assuming the form automatically releases the cash after the period expires.
Source transparency
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