S.I. No. 448/2004 - Circuit Court Rules (No. 2) (Section 39 Criminal Justice Act, 1994), 2004

1. 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

;

2. Such further or other orders as to this Honourable Court shall seem meet;

3. 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

.

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.

Rule Five

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.

Rule Six

6. 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

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act, 1936

, and

section 12

of the

Courts of Justice Act, 1947

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act, 1924

, and

section 70

of the

Courts of Justice Act, 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act, 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 26th day of April, 2004.

(Signed): Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Gerard J. Doherty

Joe Deane

Edmund Carroll

Noel Rubotham

Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 20th day of July, 2004

Signed: Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 448 of 2004

CIRCUIT COURT RULES (No. 2) (SECTION 39 CRIMINAL JUSTICE ACT, 1994), 2004