Circuit Court Rules (No.2) (Section 39 Criminal Justice Act, 1994), 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules, which may be cited as the Circuit Court Rules (No. 2) (Section 39 Criminal Justice Act, 1994), 2004, shall come into operation on the 27th day of July 2004.
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paragraphs: The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.
ORDER 69 — Section 39 Criminal Justice Act, 1994
( Criminal Justice Act, 1994 ) (No. 15 of 1994)
Rule One
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paragraphs: In this Order “the Act” means the Criminal Justice Act, 1994 (No. 15 of 1994),
Rule Two
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paragraphs: 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.
Rule Three
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paragraphs: An application pursuant to this Order shall be made by originating Motion on Notice in accordance with the form annexed hereto. 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.
Rule Four
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paragraphs: 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.
Rule Five
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paragraphs: 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.
Rule Six
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paragraphs: The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.
FORM 1
Record No.
THE CIRCUIT COURT
AN CHUIRT CHUARDA
CIRCUIT COUNTY OF
IN THE MATTER OF SECTION 39 OF THE CRIMINAL JUSTICE ACT, 1994
BETWEEN/
A.B.
Applicant
And
C.D.
Respondent
NOTICE OF MOTION
TAKE NOTICE that on the day of 20 at in the forenoon or the first available opportunity thereafter, Counsel for the Applicant in the above entitled proceedings will apply to this Honourable Court sitting at for the following reliefs:
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paragraphs: An Order pursuant to section 39 of the Criminal Justice Act, 1994 for the forfeiture of (insert amount) euro being cash seized under section 38 of the Criminal Justice Act, 1994 ;
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paragraphs: Such further or other orders as to this Honourable Court shall seem meet;
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paragraphs: Costs.
AND FURTHER TAKE NOTICE that this application will be grounded upon the pleadings and proceedings already had herein, this Notice of Motion together with proof of service thereof, the Affidavit of sworn herein on the day of 20 , such further evidence, including oral evidence, as may be given by or on behalf of the Applicant, the nature of the case and the reasons to be given.
Dated this day of 20.
Signed:
Applicant/Solicitors for the Applicant
To:
The County Registrar
And
To:
Respondent/Solicitors for the Respondent
EXPLANATORY NOTE
(This Note is not part of the instrument and does not purport to be a legal interpretation.)
These Rules prescribe Circuit Court procedures in respect of applications brought under Section 39 of the Criminal Justice Act, 1994 .