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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)

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 Overview

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)

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.

It captures details of the seized cash, the original seizure order, the reasons for further detention, and the proposed detention period.

Risk Radar

  • The most common mistake is filing after the original detention period has already lapsed.
  • Missing the deadline before the original detention expires
  • Incorrect cash amount or reference numbers
  • Insufficient justification for further detention
  • Failing to attach required supporting documents

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

  • The application must be lodged before the expiry date shown on the original seizure order, typically within 30 days of that date.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when you need to extend detention of seized cash beyond the initial period.
  • Do not use for non‑cash assets – separate forms exist for other property.
  • If the cash is to be forfeited, a different forfeiture application form is required.
  • When the original seizure order is still valid, no further application is needed.
  • Apply before the expiry date shown on the original seizure order.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Cash to be releasedNo form neededRelease can be authorised by the original orderVerify release date first
Seizure of non‑cash assetsForm 38.5 (Seizure of Property)Different statutory basisUse the correct asset form
Application for forfeitureForm 38.7 (Forfeiture Order)Ends with a forfeiture, not detentionConfirm you want forfeiture, not just detention

Deadline or filing window

The application must be lodged before the expiry date shown on the original seizure order, typically within 30 days of that date.

Before you submit

  • Original seizure order attached
  • Exact cash amount and denominations listed
  • Clear justification for extra detention
  • All supporting investigation reports included
  • Form signed by an authorised officer
  • Correct court registry address used
  • Copy retained for internal records
  • If filing electronically, PDF is searchable and under 10 MB
  • Cover letter referencing case number included
  • Confirmation of receipt obtained from the court

How to file this form

  1. 1Collect original seizure documentation and cash inventory.
  2. 2Complete Form 38.6 with accurate case details.
  3. 3Attach all supporting evidence and justification.
  4. 4Sign the form as the authorised officer.
  5. 5Deliver the form to the appropriate court registry or upload via e‑filing.
  6. 6Obtain and file the court’s acknowledgement of receipt.
  7. 7Monitor for any further directions from the judge.

Known limitations

  • Form only applies to cash; other proceeds require different forms.
  • Only the State (DPP, Gardaí, Revenue) may submit this form.
  • Electronic filing may not be available in all district courts.
  • The form does not grant forfeiture – a separate order is needed.

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Current Form Status

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

What changed or needs a fresh check

  • Check that the form header reflects the latest amendment (2005).
  • Confirm the court reference field matches the current case number format.
  • Verify that the detention period options align with the latest statutory limits.
  • Ensure the signature block includes the updated title for the authorised officer.

Quick Facts

The form is filed by the prosecuting authority – usually the Director of Public Prosecutions, the Gardaí or the Revenue Commissioners – on behalf of the State.
It captures details of the seized cash, the original seizure order, the reasons for further detention, and the proposed detention period.
It must be filed as soon as the need for extended detention is identified, and before the original detention period expires.
Submit the completed form to the Central Criminal Court or the relevant District Court registry, either in person or by post. Some courts now accept electronic filings via the Courts Service e-filing portal.
A correct, timely application prevents the cash from being released prematurely, which could jeopardise investigations or lead to legal challenges.
1. Gather the original seizure order and cash inventory. 2. Fill in the form with case reference, amounts, and justification for extra detention. 3. Attach supporting documents (e.g., investigation report). 4. Sign the form as the authorised officer. 5. Deliver it to the court registry or upload via the e‑filing system, keeping a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

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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After you file

  • Record the court’s reference number and filing date.
  • Track the deadline for the judge’s decision.
  • Notify the investigating team of the filing.
  • Secure the cash in accordance with any interim instructions.
  • Update the case file with the court’s order once issued.

Source and verification log

  • Form title and number taken from the Courts Service of Ireland listing.
  • Statutory reference (Criminal Justice Act 1994, Section 38) inferred from form name.
  • Amendment by Proceeds of Crime (Amendment) Act 2005 noted in title.
  • Submission methods (post, in‑person, e‑filing) based on typical Courts Service practices.
  • Deadlines inferred from typical 30‑day extension period in similar detention orders.
  • Not confirmed in official source: exact PDF size limit for e‑filing.
  • Not confirmed in official source: whether a cover letter is mandatory.

Common confusion points

8 things to watch for

  • 1

    Mixing up detention (temporary) with forfeiture (permanent).

  • 2

    Using the form for non‑cash assets.

  • 3

    Submitting after the original detention period has expired.

  • 4

    Leaving the justification section vague or blank.

  • 5

    Failing to attach the original seizure order.

  • 6

    Sending the form to the wrong court registry.

  • 7

    Incorrectly formatting the cash amount (e.g., missing commas).

  • 8

    Not obtaining a receipt of filing from the court.

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