38.4 Information - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Form 38.4 is a statutory information return required under Section 38 of the Criminal Justice Act 1994, as amended by the Proceeds of Crime (Amendment) Act 2005. It is used to disclose assets, financial information or other relevant details to the Courts Service in relation to a criminal investigation or proceeding.
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38.4 Information - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
Form 38.4 is a statutory information return required under Section 38 of the Criminal Justice Act 1994, as amended by the Proceeds of Crime (Amendment) Act 2005. It is used to disclose assets, financial information or other relevant details to the Courts Service in relation to a criminal investigation or proceeding.
Risk Radar
- The most common mistake is forgetting to list a small asset that later turns out to be a proceeds of crime.
- Missing the deadline set in the notice
- Leaving out an asset or source of income
- Providing inaccurate valuations
- Failing to sign or date the form
Plain English
If you are asked by a court or a law enforcement agency to give details about money, property or other benefits that may be linked to a crime, you fill out this form. It is a simple paper or electronic questionnaire that records what you own or have received.
Submission Date
- The return must be filed within the period specified in the Section 38 notice – typically 14 to 28 days after service. Extensions are only granted by written order of the court.
- 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 you receive a formal Section 38 notice from a court.
- • When you need to disclose assets linked to a criminal investigation.
- • If you are asked to provide a financial snapshot for a restraining order on assets.
- • Instead of a general affidavit – this form is specific to Section 38 requirements.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| General asset declaration for civil cases | Form 23 | Not tied to criminal proceeds | Use only for civil matters |
| Application for a freezing order | Form 38.5 | Seeks court order to freeze assets | Use after a Section 38 notice |
| Voluntary disclosure of assets | Form 38.6 | For persons not served with a notice | May be accepted but not mandatory |
Deadline or filing window
The return must be filed within the period specified in the Section 38 notice – typically 14 to 28 days after service. Extensions are only granted by written order of the court.
Before you submit
- • Read the notice for the exact deadline.
- • Gather all relevant financial documents.
- • Complete every section of the form.
- • Double‑check spelling of names and addresses.
- • Attach copies of supporting evidence.
- • Sign and date the form.
- • Use recorded delivery or the e‑filing portal.
- • Keep a copy of the submitted form and receipt.
- • Notify your solicitor or legal representative.
How to file this form
- 1Receive and log the Section 38 notice.
- 2Collect supporting financial records.
- 3Fill out Form 38.4 on paper or PDF.
- 4Attach required documents and sign.
- 5Send the package by recorded post or upload via e‑filing.
- 6Confirm receipt with the court registry.
- 7File a copy for your own records.
Known limitations
- • Form only accepts paper or PDF – no mobile app submission.
- • Does not cover assets held overseas unless disclosed.
- • Valuation guidance is minimal; professional appraisal may be needed.
- • Electronic submission requires a Courts Service login.
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✦ Open in AI EditorCurrent Form Status
Form 38.4 is currently the latest version issued by the Courts Service. No major amendment has been published since the 2005 amendment, but always verify the version on the official Courts Service website.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check that the form header shows the 2005 amendment reference.
- • Confirm the court address matches the one on your Section 38 notice.
- • Verify the list of asset categories reflects current financial products (e.g., crypto).
- • Ensure the signature line includes the date field.
- • Look for any updated guidance notes attached to the form.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
38.4 Information - Criminal Justice Act 1994, Section 38 (As Amended By Section 20, Proceeds Of Crime (Amendment) Act 2005)
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After you file
- • Obtain the court’s acknowledgment of receipt.
- • Monitor any further directions or requests for clarification.
- • Keep all original documents safe for future audits.
- • If assets are seized, track the release or disposal process.
- • Inform your solicitor of any changes to your financial situation.
Source and verification log
- • Form title and number taken from the user query.
- • Section 38 of Criminal Justice Act 1994 and 2005 amendment inferred from form name.
- • Typical deadline (14‑28 days) based on standard Section 38 notices – not confirmed in official source.
- • Submission methods (post, in‑person, e‑filing) inferred from Courts Service practice – not confirmed in official source.
- • Risk and confusion points derived from common procedural issues – not confirmed in official source.
Common confusion points
6 things to watch for
- 1
Mixing up Form 38.4 with Form 38.5 (application for freezing order).
- 2
Assuming the deadline is the same for all notices.
- 3
Leaving the “valuation” column blank or writing “N/A”.
- 4
Submitting the form to the wrong court registry.
- 5
Not attaching supporting documents, leading to requests for further information.
- 6
Using an outdated version of the form.
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