Form 38.6 is a notice used to apply for a court order that allows further detention of cash that has been seized under the Criminal Justice Act 1994. It is required when the State wants to keep the cash locked up for a longer period than the initial seizure authorisation.
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Form 38.6 is a notice used to apply for a court order that allows further detention of cash that has been seized under the Criminal Justice Act 1994. It is required when the State wants to keep the cash locked up for a longer period than the initial seizure authorisation.
Plain English
If the police or Revenue have taken cash as evidence and need more time to investigate, they file this form to ask a judge for permission to keep the money. The form tells the court why the extra detention is necessary and how long it should last.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Cash to be released | No form needed | Release can be authorised by the original order | Verify release date first |
| Seizure of non‑cash assets | Form 38.5 (Seizure of Property) | Different statutory basis | Use the correct asset form |
| Application for forfeiture | Form 38.7 (Forfeiture Order) | Ends with a forfeiture, not detention | Confirm you want forfeiture, not just detention |
The application must be lodged before the expiry date shown on the original seizure order, typically within 30 days of that date.
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Form 38.6 is currently the approved version under the Criminal Justice Act 1994 as amended by the 2005 Proceeds of Crime amendment. No recent redesigns have been announced.
Agency: Courts Service of Ireland
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38.6 Notice Of Application For An Order Authorising The Further Detention Of Cash Seized - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
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8 things to watch for
Mixing up detention (temporary) with forfeiture (permanent).
Using the form for non‑cash assets.
Submitting after the original detention period has expired.
Leaving the justification section vague or blank.
Failing to attach the original seizure order.
Sending the form to the wrong court registry.
Incorrectly formatting the cash amount (e.g., missing commas).
Not obtaining a receipt of filing from the court.
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