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Amendment to Order 38

S.I. No. 47 of 2006: District Court (Criminal Justice Act 1994, section 38) Rules 2006

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.

(...)

Gaeilge

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Amendment to Order 18	S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
Amendment to Order 18	S.I. No. 33 of 2010: District Court (Criminal Justice (Amendment) Act 2009) Rules 2010
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Amendment to Order 20	S.I. No. 565 of 2018: District Court (Bail) Rules 2018
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Order 26	Endorsement, Addressing, Execution, Re-Issue Of Warrants
Amendment to Order 26	S.I. No. 203 of 2007: District Court (Criminal Justice Act 2006) Rules 2007
Amendment to Order 26	S.I. No. 149 of 2016: District Court (Amendment) Rules 2016
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Amendment to Order 27	S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
Amendment to Order 27	S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
Amendment to Order 27	S.I. No. 225 of 2019: District Court (Estreatment) Rules 2019
Order 28	Recognisances Under The Probation Of Offenders Act, 1907
Amendment to Order 28	S.I. No. 544 of 2006: District Court (Probation of Offenders) Rules 2006
Order 28A	Proceedings Under Part 10 Of The Criminal Justice Act 2006 : S.I. No. 203 Of 2007
Amendment to Order 28A	S.I. No. 25 of 2008: District Court (Criminal Justice Act 2006) (No. 2) Rules 2008
Amendment to Order 28A	S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
Amendment to Order 28A	S.I. No. 105 of 2009: District Court (Criminal Justice Act 2006) Rules 2009
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Order 30	Community Service
Amendment to Order 30	S.I. No. 313 of 2007: District Court (Community Service) Rules 2007
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Order 31A	Proceedings Under The Police (Property) Act, 1897
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Order 31B	Intellectual Property : S.I. No. 421 Of 2010
Order 32	Misuse Of Drugs
Order 33	Compensation Orders
Amendment to Order 33	S.I. No. 539 of 2004: District Court (Children) Rules, 2004
Amendment to Order 33	S.I. No. 106 of 2009: District Court (Consumer Protection Act 2007) Rules 2009
Order 34	Miscellaneous Search Warrants : S.I. No. 216 Of 1999
Amendment to Order 34	S.I. No. 207 of 2002: District Court (Company Law Enforcement) Rules 2002
Amendment to Order 34	S.I. No. 412 of 2003: District Court (Theft and Fraud Offences) Rules, 2003
Amendment to Order 34	S.I. No. 700 of 2004: District Court (Food Safety) Rules 2004
Amendment to Order 34	S.I. No. 411 of 2004: District Court (Intellectual Property) Rules, 2004
Amendment to Order 34	S.I. No. 119 of 2005: District Court (European Arrest Warrant) Rules, 2005
Amendment to Order 34	S.I. No. 322 of 2008: District Court (Search Warrants) Rules 2008
Amendment to Order 34	S.I. No. 106 of 2009: District Court (Consumer Protection Act 2007) Rules 2009
Amendment to Order 34	S.I. No. 536 of 2011: District Court (Criminal Justice (Psychoactive Substances) Act 2010) Rules 2011
Amendment to Order 34	S.I. No. 585 of 2011: District Court (Criminal Procedure Act 2010) Rules 2011
Amendment to Order 34	S.I. No. 94 of 2010: District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
Amendment to Order 34	S.I. No. 653 of 2011: District Court (Criminal Justice (Money Laundering and Terrorist Financing) Act 2010) Rules 2011
Amendment to Order 34	S.I. No. 480 of 2018: District Court (Companies Act 2014: search warrants) Rules 2018
Order 34A	Criminal Justice (Surveillance) Act 2009 : S.I. No. 314 Of 2010
Order 35	Certified Copies Of Orders And Of Other Documents : S.I. No. 41 Of 1998
Amendment to Order 35	S.I. No. 92 of 2009: District Court (Forms) Rules 2009
Order 36	Costs And Witnesses' Expenses
Order 37	Proceedings Involving Children Or Young Persons : S.I. No. 539 Of 2004
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Order 40	Beginning Civil Proceedings In The Court : S.I. No. 17 Of 2014
Amendment to Order 40	S.I. No. 513 of 2016: District Court (Issue of Civil Proceedings) Rules 2016
Order 40A	Personal Injuries Proceedings : S.I. No. 17 Of 2014
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Order 40B	Landlord And Tenant Proceedings (Ejectment) : S.I. No. 17 Of 2014
Order 40C	Procedure In Statutory Applications By Notice Of Application : S.I. No. 17 Of 2014
Order 40D	Procedure In Statutory Appeals By Notice Of Appeal To The Court : S.I. No. 17 Of 2014
Order 40E	Proceedings Begun By The Issue Of A Summons In Matters Other Than Criminal Matters* : S.I. No. 17 Of 2014
Order 40F	Intellectual Property
Order 41	Service Of Documents In Civil Proceedings - Service Of Documents In The State : S.I. No. 17 Of 2014
Order 41A	Service Of Documents In Civil Proceedings - Service Of Documents Outside The State With The Permission Of The Court : S.I. No. 17 Of 2014
Amendment to Order 41A	S.I. No. 471 of 2018: District Court (Service) Rules 2018
Order 41B	Service Of Documents In Civil Proceedings - Service Of Documents Outside The State Without The Permission Of The Court : S.I. No. 17 Of 2014
Amendment to Order 41B	S.I. No. 617 of 2015: District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015
Order 42	Defence, Particulars And Counterclaim : S.I. No. 17 Of 2014
Order 42A	Third Party Procedure : S.I. No. 17 Of 2014
Order 43	Joining Claims And Parties : S.I. No. 17 Of 2014
Order 44	Applications By Notice Of Motion : S.I. No. 17 Of 2014
Order 45	Lodgments And Tenders In Lieu Of Lodgment : S.I. No. 17 Of 2014
Order 45A	Security For Costs : S.I. No. 17 Of 2014
Order 45B	Discovery And Inspection Of Documents : S.I. No. 17 Of 2014
Order 45C	Application To Have A Claim Forwarded To The Circuit Court Or To The High Court : S.I. No. 17 Of 2014
Order 45D	Admissions : S.I. No. 17 Of 2014
Order 45E	Amendment : S.I. No. 17 Of 2014
Amendment to Order 45E	S.I. No. 598 of 2014: District Court (General) Rules 2014
Order 46	Attendance Of Witnesses And Production Of Documents : S.I. No. 17 Of 2014
Order 47	Judgment In Default In Debt Claims : S.I. No. 17 Of 2014
Order 47A	Judgment In Default In Non-Debt Claims : S.I. No. 17 Of 2014
Order 47B	Discontinuance And Withdrawal : S.I. No. 17 Of 2014
Order 48	Authentication And Filing Of Documents : S.I. No. 17 Of 2014
Order 49	Hearing Of Civil Proceedings : S.I. No. 17 Of 2014
Order 49A	Case Management : S.I. No. 17 Of 2014
Order 49B	Mediation And Other Alternative Dispute Resolution : S.I. No. 9 Of 2018
Order 50	Affidavits In Civil Proceedings : S.I. No. 17 Of 2014
Order 51	Execution And Enforcement Of Judgments : S.I. No. 17 Of 2014
Order 51A	Enforcement Of Judgments And Orders : S.I. No. 17 Of 2014
Amendment to Order 51A	S.I. No. 617 of 2015: District Court (Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters) Rules 2015
Order 51B	Interpleader : S.I. No. 17 Of 2014
Order 51C	European Enforcement Orders : S.I. No. 17 Of 2014
Order 52	European Account Preservation Order : S.I. No. 405 Of 2017
Order 53	Costs : S.I. No. 17 Of 2014
Order 53A	Small Claims Procedure : S.I. No. 17 Of 2014
Order 53B	European Small Claims Procedure (For Cross-Border Small Claims Within The European Union) : S.I. No. 315 Of 2018
Order 54	Maintenance of Spouses and Children : S.I. No. 17 Of 2016
Order 54A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S.I. No. 17 Of 2016
Order 56	Attachment Of Earnings : S.I. No. 42 Of 1998
Order 57	Proceedings Under: Section 8 of the Enforcement of Court Orders Act 1940, etc.
Order 58	Custody and Guardianship of Children : S.I. No. 434 of 2020
Amendment to Order 58	S.I. No. 9 of 2018: District Court (Mediation) Rules 2018
Order 59	Domestic Violence : S.I. No. 79 Of 2019
Order 60	Protection of the Family Home : S.I. No. 42 of 1998
Order 61	Use Of Blood Tests In Determining Parentage
Order 61A	Section 40, Civil Liability and Courts Act 2004: S.I. No. 141 of 2015
Amendment to Order 61A	S.I. No. 79 of 2019: District Court (Domestic Violence) Rules 2019
Order 63	Auctioneers and house agents
Order 64	Betting Act, 1931
Order 65	Fisheries
Order 66	Gaming and lotteries
Order 67	General dealers
Order 68	Licensing Acts 1833 to 2018 : S.I. No. 566 of 2018
Order 69	Restaurant certificates and declarations as to suitability of premises
Order 70	Objections to the first grant of wine retailers' on-licences
Order 71	Special exemption orders : S.I. No. 174 of 2009
Order 72	General exemption orders : S.I. No. 174 of 2009
Amendment to Order 72	S.I. No. 566 of 2018: District Court (Intoxicating Liquor) Rules 2018
Order 73	Exemptions for special events
Order 74	Exemptions for licensed business on Sunday afternoons and Saint Patrick's day
Order 75	Exemptions for unlicensed business on Sunday mornings and Saint Patrick's day
Order 76	Occasional licences
Amendment to Order 76	S.I. No. 566 of 2018: District Court (Intoxicating Liquor) Rules 2018
Order 77	Ad-interim transfers of licences : S.I. No. 123 of 1998
Order 78	Transfers of licences held by nominees
Order 79	Certificates of transfer
Order 80	Objections to renewal of intoxicating liquor licences, forms of renewal certificate, forms of renewal certificate, recording renewals of licences
Order 81	Annual licensing court
Order 82	Register of licences
Order 83	Registration of clubs and granting of club authorisations
Order 84	Child care
Amendment to Order 84	S.I. No. 5 of 2006: District Court (Children) Rules 2006
Amendment to Order 84	S.I. No. 469 of 2008: District Court (Child Care) Rules 2008
Amendment to Order 84	S.I. No. 143 of 2015: District Court (Child Care) Rules 2015
Order 84A	Mental Health : S.I. No. 97 of 2007
Order 85	Water disconnection rules
Order 86	Public dancing
Order 87	Public music and singing
Order 88	Street and house to house collections
Order 89	Wildlife
Order 90	Air Navigation (Eurocontrol)
Order 90A	Railway Infrastructure : S.I. No. 534 of 2004
Order 91	Control of dogs
Order 92	Fire services
Order 93	Housing (private rented dwellings)
Order 93A	Applications under the Land and Conveyancing Law Reform Act 2009 : S.I. No. 162 of 2010
Order 93B	Applications to extend time for delivery of annual return under section 343 of the Companies Act 2014 : S.I. No. 256 of 2015
Order 93C	Residential Tenancies Acts 2004 to 2020: S.I. No. 431 of 2020
Order 94	Irish nationality and citizenship
Order 95	Malicious injuries
Order 96	Protection of the environment and control of pollution
Order 96A	Food safety : S.I. No. 700 of 2004
Order 96B	Orders concerning retail premises ... Criminal Justice (Public Order) Act 2003 ... Criminal Justice (Psychoactive Substances) Act 2010 : S.I. No. 536 of 2011
Order 96C	Criminal Justice Act 2006, Part 11 : S.I. No. 314 of 2007
Amendment to Order 96C	S.I. No. 408 of 2007: District Court (Children) Rules 2007
Order 97	Road traffic : S.I. No. 235 of 2018
Order 98	Social welfare
Amendment to Order 98	S.I. No. 17 of 2016: District Court (Children and Family Relationships Act 2015) Rules 2016
Order 99A	Procedure under - Housing (Miscellaneous Provisions) Act 1997 - Housing (Miscellaneous Provisions) Act 2014 : S.I. No. 506 of 2016
Order 99B	Employment Equality Act 1998 : S.I. No. 263 of 2006

Order 101	Appeals to the circuit court
Amendment to Order 101	S.I. No. 484 of 2003: District Court (Appeals to the Circuit Court) Rules 2003
Amendment to Order 101	S.I. No. 80 of 2005: District Court (Appeals to the Circuit Court) Rules 2005
Amendment to Order 101	S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
Amendment to Order 101	S.I. No. 405 of 2017: District Court (European Account Preservation Order) Rules 2017
Order 102	Cases stated
Amendment to Order 102	S.I. No. 398 of 2006: District Court (Case Stated) Rules 2006

District Court Rules

Amendment to Order 38

S.I. No. 47 of 2006: District Court (Criminal Justice Act 1994, section 38) Rules 2006

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