Official form guide
Form 38.8 Notice Of Application For An Order Directing The Release Of Cash Seized - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Form 38.8 is a notice to the Courts Service requesting an order for the release of cash that has been seized under the Criminal Justice Act 1994, as amended by the Proceeds of Crime (Amendment{) Act 2005. Use it when you want the court to allow seized cash to be returned to you or a third party.
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Form Overview
Courts Service of Ireland - Form 38.8 Notice Of Application For An Order Directing The Release Of Cash Seized - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Form 38.8 is a notice to the Courts Service requesting an order for the release of cash that has been seized under the Criminal Justice Act 1994, as amended by the Proceeds of Crime (Amendment{) Act 2005. Use it when you want the court to allow seized cash to be returned to you or a third party.
Risk Radar
Scan points- 1The most common mistake is forgetting to attach the original seizure notice.
- 2Missing the 14‑day filing window
- 3Leaving required supporting documents out
- 4Incorrect or incomplete applicant details
- 5Using the wrong court office address
Plain English
If the police or Revenue have taken cash you believe belongs to you, you can ask a judge to release it by filing this form. It tells the court why the cash should be returned and asks for a formal order.
Submission Date
- Filing date: The notice should be filed within 14 days of receiving the seizure notice, or earlier if a court hearing is scheduled sooner.
- 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 you need a court order to release cash seized under the Criminal Justice Act.
- If the seizure relates to suspected proceeds of crime and you have evidence of legitimate ownership.
- When you have already received a seizure notice and want to challenge it before a hearing.
- If you are applying on behalf of a company or trust that had cash seized.
- When you intend to release the cash to a third party, e.g., a solicitor or bank.
Form selector
Use this form or another form?
Cash seized under Revenue customs law
Different statutory basis
✓ Verify the legislative reference before filing
Seized assets other than cash (e.g., vehicles)
Different asset type
✓ Use the appropriate form for non‑cash assets
Form 38.9 (Release of seized property)
Application for return of seized cash after conviction
Different procedural stage
✓ Ensure you are at the correct stage in the case
Form 38.10 (Post‑conviction release)
Deadline or filing window
The notice should be filed within 14 days of receiving the seizure notice, or earlier if a court hearing is scheduled sooner.
Before you submit
- 1Completed all fields in block letters
- 2Signed and dated by the applicant
- 3Attached original seizure notice
- 4Provided proof of ownership (receipts, bank statements)
- 5Included any relevant court reference numbers
- 6Checked for correct court address
- 7Made a copy for personal records
- 8Paid any required filing fee (if applicable)
- 9Confirmed receipt of submission (postal receipt or e‑filing confirmation)
- 10Notified any legal representative of the filing
How to file this form
- 1Download the latest Form 38.8 from courts.ie.
- 2Gather supporting documents (seizure notice, proof of ownership, ID).
- 3Complete the form, ensuring accuracy of all details.
- 4Sign the form and have a witness sign if required.
- 5Submit by post, in person, or via the e‑filing portal.
- 6Obtain a filing receipt or confirmation.
- 7Keep a full copy for your records.
Known limitations
- 1Form only applies to cash seized under the Criminal Justice Act, not other assets.
- 2Does not guarantee release; the court may refuse if suspicion remains.
- 3No online payment option for filing fee in all courts.
- 4Requires original seizure notice – copies may be rejected.
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 38.8 is currently the up‑to‑date version as of 2024. No major amendments have been announced recently.
What changed or needs a fresh check
- Check that the form header shows the amendment by the 2005 Proceeds of Crime Act.
- Confirm the court address matches the district where the seizure occurred.
- Verify the required supporting documents list is current.
- Ensure the signature line includes space for a witness if required by the court.
- Review any updated filing fee information.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from user input
- SRCStatutory basis (Criminal Justice Act 1994, amended 2005) inferred from form name
- SRCTypical 14‑day filing window inferred from standard practice for seizure notices
- SRCSubmission methods (post, in person, e‑filing) inferred from Courts Service procedures
- SRCNot confirmed in official source: exact fee amount and witness requirement
- SRCNot confirmed in official source: availability of e‑filing for this specific form
Common confusion points
Mixing up Form 38.8 with Form 38.9 (non‑cash assets).
Unclear whether a solicitor’s signature is needed as a witness.
Assuming the filing fee is optional.
Not understanding that the 14‑day deadline starts from the seizure notice, not the court hearing date.
Submitting to the wrong district court office.
Leaving out the court case reference number.
Using photocopies of the seizure notice instead of the original.
Source transparency
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