The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924, section 72 of the Courts of Justice Act 1936, section 17 of the Interpretation Act 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act 1961] and section 34 of the Courts (Supplemental Provisions) Act 1961, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1. These rules may be cited as the District Court (Criminal Justice Act 1994, section 38) Rules 2006.

2. These rules shall come into operation on the 24th day of February 2006 and shall be read together with all other District Court rules for the time being in force.

3. The District Court Rules 1997 (S.I. No. 93 of 1997) shall be amended by the substitution for rules 4 to 8 inclusive of Order 38 of the following:

“Detention of Cash under section 38 of the Criminal Justice Act 1994 (as amended)

4. In rules 5 to 8 inclusive following, “the Act” means the Criminal Justice Act 1994, as amended by section 20 of the Proceeds of Crime (Amendment) Act 2005.

5. (1) An application to the Court by a member of the Garda Síochána or an officer of Customs and Excise under sub-section (2) of section 38 of the Act for an order authorising the detention beyond forty-eight hours of cash seized by virtue of section 38 of the Act shall be made by the information on oath and in writing of the applicant, in the Form 38.4, Schedule B. Such application shall be made to a Judge of the District Court assigned to the District Court district wherein the cash was seized. Where the Judge is satisfied that the urgency of the case so requires, such application may be heard and determined on the evidence viva voce and on oath of the applicant. In such case, a written note of the evidence given shall be prepared by the applicant and signed by the Judge.

(2) An order of the Court made on such application authorising the detention beyond forty-eight hours of cash seized by virtue of section 38 shall be in the Form 38.5, Schedule B. The applicant shall cause a copy of the said order to be served upon the person from whom the cash was seized and upon any person by or on whose behalf the cash was being imported or exported.

6. (1) An application to the Court by a member of the Garda Síochána or an officer of Customs and Excise under sub-section (3) of section 38 of the Act for an order authorising the further detention in accordance with sub-section (3) of section 38 of the Act of cash seized by virtue of section 38 of the Act shall be made to a Judge of the District Court assigned to the District Court district in which the cash was seized. Such application shall be preceded by the issue, and service upon the person from whom the cash was seized and upon any other person directly affected by the order previously made under sub-section (2) of section 38 in respect of the cash, of copy of a notice of application, in the Form 38.6, Schedule B.

(2) Notice of such application shall be served at least seven days before the date fixed for the hearing of the application. Such notice may be served in the manner provided by Order 10 of these Rules. The original notice of application together with a statutory declaration as to the service of copy of such notice shall be lodged with the Clerk at least forty eight hours before the date of the hearing.

(3) An order of the Court granting the application shall be in the Form 38.7, Schedule B. The applicant shall cause a copy of any such order to be served upon the person from whom the cash was seized and upon any person by or on whose behalf the cash was being imported or exported.

7. (1) An application to the Court under sub-section (5) of section 38 of the Act for an order releasing cash seized by virtue of section 38 of the Act shall be made to a Judge of the District Court assigned to the District Court district in which the cash was seized. Such application shall be preceded by the issue, and service upon the member(s) of the Garda Síochána or officer(s) of Customs and Excise who applied for any order previously made under sub-section (2) or sub-section (3) of section 38 of the Act in respect of the cash, of copy of a notice of application, in the Form 38.8, Schedule B.

(2) Notice of such application shall be served at least seven days before the date fixed for the hearing of the application. Such notice may be served in the manner provided by Order 10 of these Rules. The original notice of application shall be lodged with the Clerk at least forty eight hours before the date of hearing.

(3) The order of the Court on the application shall be in the Form 38.9, Schedule B.

8. (1) Applications to the Court under the Act may be brought, heard and determined before a Judge of the District Court assigned to the District Court district wherein the cash was seized at any sitting of the Court within such Judge’s district.

(2) Where it seems appropriate to the Court to so direct, in any application under sub-section (3) or sub-section (5) of section 38 of the Act, the Court may direct that any person who had not been given notice of the application be joined in, or put on notice of, the application.”

4.  The Forms in the Schedule hereto shall be added to the Forms in Schedule B to the District Court Rules 1997 (S.I. No. 93 of 1997), in substitution for the Forms numbered 38.4 to 38.9 inclusive in the said Schedule B.

(...)