Official form guide
Form 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.
Need help with Form 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)?
Open it in the AI Editor for field guidance, checks, and PDF export.
Form Overview
Courts Service of Ireland - Form 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.
Risk Radar
Scan points- 1The most common mistake is filing after the original detention period has already lapsed.
- 2Missing the deadline before the original detention expires
- 3Incorrect cash amount or reference numbers
- 4Insufficient justification for further detention
- 5Failing 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
- Filing 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.
AI co-pilot
Fill it faster. Catch mistakes before you file.
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.
Form selector
Use this form or another form?
Cash to be released
Release can be authorised by the original order
✓ Verify release date first
Seizure of non‑cash assets
Different statutory basis
✓ Use the correct asset form
Application for forfeiture
Ends with a forfeiture, not detention
✓ Confirm 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
- 1Original seizure order attached
- 2Exact cash amount and denominations listed
- 3Clear justification for extra detention
- 4All supporting investigation reports included
- 5Form signed by an authorised officer
- 6Correct court registry address used
- 7Copy retained for internal records
- 8If filing electronically, PDF is searchable and under 10 MB
- 9Cover letter referencing case number included
- 10Confirmation of receipt obtained from the court
How to file this form
- 1Collect original seizure documentation and cash inventory.
- 2Complete Form 38.6 with accurate case details.
- 3Attach all supporting evidence and justification.
- 4Sign the form as the authorised officer.
- 5Deliver the form to the appropriate court registry or upload via e‑filing.
- 6Obtain and file the court’s acknowledgement of receipt.
- 7Monitor for any further directions from the judge.
Known limitations
- 1Form only applies to cash; other proceeds require different forms.
- 2Only the State (DPP, Gardaí, Revenue) may submit this form.
- 3Electronic filing may not be available in all district courts.
- 4The form does not grant forfeiture – a separate order is needed.
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 38.6 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.
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
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number taken from the Courts Service of Ireland listing.
- SRCStatutory reference (Criminal Justice Act 1994, Section 38) inferred from form name.
- SRCAmendment by Proceeds of Crime (Amendment) Act 2005 noted in title.
- SRCSubmission methods (post, in‑person, e‑filing) based on typical Courts Service practices.
- SRCDeadlines inferred from typical 30‑day extension period in similar detention orders.
- SRCNot confirmed in official source: exact PDF size limit for e‑filing.
- SRCNot confirmed in official source: whether a cover letter is mandatory.
Common confusion points
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.
Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.