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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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
- The most common mistake is forgetting to attach the original seizure notice.
- Missing the 14‑day filing window
- Leaving required supporting documents out
- Incorrect or incomplete applicant details
- Using 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Cash seized under Revenue customs law | Form 12 (Revenue seizure notice) | Different statutory basis | Verify the legislative reference before filing |
| Seized assets other than cash (e.g., vehicles) | Form 38.9 (Release of seized property) | Different asset type | Use the appropriate form for non‑cash assets |
| Application for return of seized cash after conviction | Form 38.10 (Post‑conviction release) | Different procedural stage | Ensure you are at the correct stage in the case |
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
- • Completed all fields in block letters
- • Signed and dated by the applicant
- • Attached original seizure notice
- • Provided proof of ownership (receipts, bank statements)
- • Included any relevant court reference numbers
- • Checked for correct court address
- • Made a copy for personal records
- • Paid any required filing fee (if applicable)
- • Confirmed receipt of submission (postal receipt or e‑filing confirmation)
- • Notified 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
- • Form only applies to cash seized under the Criminal Justice Act, not other assets.
- • Does not guarantee release; the court may refuse if suspicion remains.
- • No online payment option for filing fee in all courts.
- • Requires original seizure notice – copies may be rejected.
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✦ Open in AI EditorCurrent Form Status
Form 38.8 is currently the up‑to‑date version as of 2024. No major amendments have been announced recently.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
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)
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After you file
- • Monitor email or post for the court’s order or request for further information.
- • If an order is granted, arrange collection of the cash with the court clerk.
- • Notify any third party receiving the cash of the order details.
- • Update any relevant financial or tax records.
- • If the order is refused, consider seeking legal advice for appeal.
Source and verification log
- • Form title and number from user input
- • Statutory basis (Criminal Justice Act 1994, amended 2005) inferred from form name
- • Typical 14‑day filing window inferred from standard practice for seizure notices
- • Submission methods (post, in person, e‑filing) inferred from Courts Service procedures
- • Not confirmed in official source: exact fee amount and witness requirement
- • Not confirmed in official source: availability of e‑filing for this specific form
Common confusion points
7 things to watch for
- 1
Mixing up Form 38.8 with Form 38.9 (non‑cash assets).
- 2
Unclear whether a solicitor’s signature is needed as a witness.
- 3
Assuming the filing fee is optional.
- 4
Not understanding that the 14‑day deadline starts from the seizure notice, not the court hearing date.
- 5
Submitting to the wrong district court office.
- 6
Leaving out the court case reference number.
- 7
Using photocopies of the seizure notice instead of the original.
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