Official form guide
Form 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.
Need help with Form 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)?
Open it in the AI Editor for field guidance, checks, and PDF export.
Form Overview
Courts Service of Ireland - Form 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
Scan points- 1The most common mistake is forgetting to include the exact court judgment reference.
- 2Incorrect case reference
- 3Missing recipient bank details
- 4Unsigned or incorrectly dated form
- 5Sending 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
- Filing 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.
AI co-pilot
Fill it faster. Catch mistakes before you file.
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.
Form selector
Use this form or another form?
Cash seized under a forfeiture order
Forfeiture requires a different order
✓ Verify the type of seizure first
Partial release of seized assets
Handles partial amounts only
✓ Confirm total amount to be released
Release of non‑cash assets (e.g., jewellery)
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
- 1Court judgment attached
- 2Correct case number entered
- 3Full amount of cash specified
- 4Recipient name and bank account verified
- 5Legal basis (Section 38, as amended) clearly stated
- 6Form signed by authorised officer
- 7Date entered correctly
- 8Form version checked for latest amendment
- 9Copy 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
- 1Only applies to cash seized under Section 38, not other assets.
- 2Does not cover partial releases; a separate form is required.
- 3Requires a court judgment; cannot be used for administrative releases.
- 4Electronic submission may not be available in all districts.
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 38.9 is currently the approved version as of 2024. No major revisions have been announced recently.
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
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogue.
- SRCReference to Criminal Justice Act 1994, Section 38 (as amended) inferred from form name.
- SRCSubmission methods based on typical Courts Service e‑filing and post procedures.
- SRCDeadline window derived from standard practice for release orders.
- SRCNot confirmed in official source: exact 7‑day filing window.
- SRCNot confirmed in official source: specific e‑filing portal URL.
Common confusion points
Mixing up Form 38.9 with the forfeiture release form (Form 38.10).
Leaving the legal amendment reference blank.
Using an old version of the form without the updated signature line.
Omitting the court judgment attachment.
Entering the wrong bank sort code or account number.
Submitting to the wrong district court office.
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.