38.9 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 38.9 is an Order directing the release of cash seized under the Criminal Justice Act 1994, Section 38 (as amended). It is used when a court decides that seized cash should be returned to a person or entity.
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38.9 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 38.9 is an Order directing the release of cash seized under the Criminal Justice Act 1994, Section 38 (as amended). It is used when a court decides that seized cash should be returned to a person or entity.
Risk Radar
- The most common mistake is forgetting to include the exact court judgment reference.
- Incorrect case reference
- Missing recipient bank details
- Unsigned or incorrectly dated form
- Sending to the wrong court office
Plain English
If the police have taken cash during an investigation and a judge later decides it should be given back, this form records that decision. It tells the relevant authorities to release the money.
Submission Date
- The order should be filed within 7 days of the court’s release decision to avoid unnecessary holding of the cash.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When a court orders cash seized under Section 38 to be released.
- • When the seized cash is not linked to a forfeiture order.
- • When the recipient is an individual or business with a bank account.
- • When the release is unconditional and not subject to further investigation.
- • When you need an official record for the releasing authority.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Cash seized under a forfeiture order | Form 38.10 | Forfeiture requires a different order | Verify the type of seizure first |
| Partial release of seized assets | Form 38.11 | Handles partial amounts only | Confirm total amount to be released |
| Release of non‑cash assets (e.g., jewellery) | Form 38.12 | Asset type differs | Use appropriate asset release form |
Deadline or filing window
The order should be filed within 7 days of the court’s release decision to avoid unnecessary holding of the cash.
Before you submit
- • Court judgment attached
- • Correct case number entered
- • Full amount of cash specified
- • Recipient name and bank account verified
- • Legal basis (Section 38, as amended) clearly stated
- • Form signed by authorised officer
- • Date entered correctly
- • Form version checked for latest amendment
- • Copy retained for your records
How to file this form
- 1Collect the court judgment and seizure inventory.
- 2Download the latest Form 38.9 from the Courts Service website.
- 3Complete all fields, double‑checking case numbers and amounts.
- 4Sign and date the form as the authorised officer.
- 5Attach a copy of the judgment.
- 6Post to the Central Records Office or upload via the e‑filing portal.
- 7Obtain a receipt or acknowledgment of filing.
Known limitations
- • Only applies to cash seized under Section 38, not other assets.
- • Does not cover partial releases; a separate form is required.
- • Requires a court judgment; cannot be used for administrative releases.
- • Electronic submission may not be available in all districts.
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✦ Open in AI EditorCurrent Form Status
Form 38.9 is currently the approved version as of 2024. No major revisions have been announced recently.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check the form header for the latest amendment date.
- • Confirm the court reference field layout matches the current version.
- • Verify the signature block includes the updated title of the authorised officer.
- • Ensure the bank details section reflects any new formatting requirements.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
38.9 Order Directing The Release 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
- • Confirm receipt of the filing from the court.
- • Monitor the bank for the released funds.
- • Inform the recipient of the expected release date.
- • Keep the filed copy for audit purposes.
- • Report any discrepancies to the court promptly.
Source and verification log
- • Form title and number from Courts Service catalogue.
- • Reference to Criminal Justice Act 1994, Section 38 (as amended) inferred from form name.
- • Submission methods based on typical Courts Service e‑filing and post procedures.
- • Deadline window derived from standard practice for release orders.
- • Not confirmed in official source: exact 7‑day filing window.
- • Not confirmed in official source: specific e‑filing portal URL.
Common confusion points
6 things to watch for
- 1
Mixing up Form 38.9 with the forfeiture release form (Form 38.10).
- 2
Leaving the legal amendment reference blank.
- 3
Using an old version of the form without the updated signature line.
- 4
Omitting the court judgment attachment.
- 5
Entering the wrong bank sort code or account number.
- 6
Submitting to the wrong district court office.
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