Circuit Court Rules

ORDER 69

SECTION 39 CRIMINAL JUSTICE ACT, 1994

1. In this Order ‘the Act’ means the Criminal Justice Act, 1994 (No 15 of 1994),

[SI 448/04]

2. All proceedings under section 39 of the Act pending in the court before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the court shall have the same validity as proceedings taken in accordance with these Rules, and shall be continued and completed as if these Rules had not been made.

[SI 448/04]

3. An application pursuant to this Order shall be made by originating motion on notice in accordance with Form 42 in the Schedule of Forms. The affidavit grounding such application shall contain the following information —

(a) details of the seizure and detention of cash the subject matter of the application;

(b) details of the amount and currency of the cash seized;

(c) the date and time of the seizure and detention concerned;

(d) details of any person who claims an interest in the cash;

(e) the grounds on which an order for forfeiture of the cash in pursuance of section 39 of the Act is sought and

(f) any other information relevant to the application; and shall exhibit the order or orders of a Judge of the District Court made in pursuance of section 38 of the Act authorising the continued detention of the cash.

[SI 312/07; SI 448/04]

4. The application shall be made to a Judge of the Circuit Court for the circuit in which the seizure was made or in accordance with Order 2(g) of the Rules of the Circuit Court 2001.

[SI 448/04]

5. The application shall be made on notice to any person from whom the cash was seized and to any person who claims an interest in the cash. The court may direct that notice of the application be served on such other person or persons, in addition to the respondent(s), as it shall think fit.

[SI 448/04]

6. The court may make such order as to costs as may be appropriate including an order measuring the costs.

[SI 448/04]

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