Official form guide
Form 38.7 Order Authorising Further Detention Of Cash Seized - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Form 38.7 is an Order Authorising Further Detention of Cash Seized under the Criminal Justice Act 1994 (as amended by the Proceeds of Crime (Amendment) Act 2005). It is used by the Courts Service when additional cash needs to be kept in custody beyond the initial seizure period.
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Form Overview
Courts Service of Ireland - Form 38.7 Order Authorising Further Detention Of Cash Seized - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Form 38.7 is an Order Authorising Further Detention of Cash Seized under the Criminal Justice Act 1994 (as amended by the Proceeds of Crime (Amendment) Act 2005). It is used by the Courts Service when additional cash needs to be kept in custody beyond the initial seizure period.
Risk Radar
Scan points- 1The most common error is filing after the original detention period has already ended.
- 2Missing the original detention expiry date
- 3Incorrect cash amount entered
- 4Failure to obtain a proper signature
- 5Submitting to the wrong court registry
Plain English
If the police have taken cash as evidence and the court decides it must stay locked away for longer, they fill out this form. It tells the court and the relevant enforcement officers that the cash can stay detained for a further period.
Submission Date
- Filing date: The extension order must be filed before the original detention period expires, usually within 30 days of the court's decision.
- 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 a judge orders an extension of cash detention beyond the initial period.
- If the prosecution needs the cash for further investigation.
- When the defence requests that the cash remain detained pending trial.
- To comply with the Proceeds of Crime (Amendment) Act 2005 requirements.
- When the original detention order is about to expire.
Form selector
Use this form or another form?
Initial seizure of cash
Used for the first detention order
✓ Verify you have not already filed a 38.6
Release of cash after conviction
Authorises release to the Crown or claimant
✓ Ensure conviction is final
Application for forfeiture
Seeks permanent forfeiture of cash
✓ Only after conviction and sentencing
Deadline or filing window
The extension order must be filed before the original detention period expires, usually within 30 days of the court's decision.
Before you submit
- 1Original seizure report attached
- 2Cash amount matches the seizure record
- 3Correct case and seizure reference numbers entered
- 4New detention period clearly stated
- 5Authorized signature and date present
- 6Form printed on official court stationery (if hard copy)
- 7Uploaded to the correct e‑filing case file
- 8Copy retained for internal records
- 9Confirmation receipt saved
How to file this form
- 1Log into the Courts Service e‑filing portal.
- 2Select the relevant case file.
- 3Upload the completed Form 38.7 PDF.
- 4Enter the detention extension dates in the portal fields.
- 5Attach supporting documents (seizure report, original order).
- 6Submit and record the confirmation number.
- 7If filing by post, send the signed form to the district court registry address.
Known limitations
- 1Form only covers cash; other assets require different orders.
- 2Electronic submission is only available to authorised court staff.
- 3The form does not include a field for electronic signatures.
- 4No automatic reminder system for expiry dates.
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 38.7 is currently the latest version as of 2024. No major amendments have been announced since the 2005 amendment.
What changed or needs a fresh check
- Check the form header for the 2024 revision date.
- Confirm the reference to Section 38 and Section 20 is present.
- Verify the signature block matches the current court officer template.
- Ensure the electronic filing fields align with the Courts Service portal version.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogue
- SRCReference to Criminal Justice Act 1994 and Proceeds of Crime (Amendment) Act 2005 inferred from title
- SRCSubmission method based on typical Courts Service e‑filing practice
- SRCDeadline inference from standard detention periods in legislation
- SRCNot confirmed in official source: exact electronic portal name
- SRCNot confirmed in official source: specific signature block layout
Common confusion points
Mixing up Form 38.6 (initial detention) with Form 38.7 (extension).
Entering the original seizure date instead of the new extension dates.
Forgetting to sign the form before electronic upload.
Submitting to the central office instead of the local district court registry.
Using an older paper template that lacks the 2005 amendment reference.
Assuming the form can be filed by the defence counsel without court authority.
Source transparency
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