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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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
- The most common error is filing after the original detention period has already ended.
- Missing the original detention expiry date
- Incorrect cash amount entered
- Failure to obtain a proper signature
- Submitting 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Initial seizure of cash | Form 38.6 | Used for the first detention order | Verify you have not already filed a 38.6 |
| Release of cash after conviction | Form 38.8 | Authorises release to the Crown or claimant | Ensure conviction is final |
| Application for forfeiture | Form 38.9 | 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
- • Original seizure report attached
- • Cash amount matches the seizure record
- • Correct case and seizure reference numbers entered
- • New detention period clearly stated
- • Authorized signature and date present
- • Form printed on official court stationery (if hard copy)
- • Uploaded to the correct e‑filing case file
- • Copy retained for internal records
- • Confirmation 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
- • Form only covers cash; other assets require different orders.
- • Electronic submission is only available to authorised court staff.
- • The form does not include a field for electronic signatures.
- • No automatic reminder system for expiry dates.
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✦ Open in AI EditorCurrent Form Status
Form 38.7 is currently the latest version as of 2024. No major amendments have been announced since the 2005 amendment.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
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)
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After you file
- • Store the confirmation receipt in the case file.
- • Update the case management system with the new detention end date.
- • Notify the investigating officer of the extended detention.
- • Monitor the expiry date to avoid accidental release.
- • Prepare any further orders if another extension becomes necessary.
Source and verification log
- • Form title and number from Courts Service catalogue
- • Reference to Criminal Justice Act 1994 and Proceeds of Crime (Amendment) Act 2005 inferred from title
- • Submission method based on typical Courts Service e‑filing practice
- • Deadline inference from standard detention periods in legislation
- • Not confirmed in official source: exact electronic portal name
- • Not confirmed in official source: specific signature block layout
Common confusion points
6 things to watch for
- 1
Mixing up Form 38.6 (initial detention) with Form 38.7 (extension).
- 2
Entering the original seizure date instead of the new extension dates.
- 3
Forgetting to sign the form before electronic upload.
- 4
Submitting to the central office instead of the local district court registry.
- 5
Using an older paper template that lacks the 2005 amendment reference.
- 6
Assuming the form can be filed by the defence counsel without court authority.
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