STATUTORY INSTRUMENTS

S.I. No. 448 of 2004

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

S.I. No. 448 of 2004

CIRCUIT COURT RULES (No. 2) (Section 39 Criminal Justice Act, 1994), 2004

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

1. 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.

2. 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

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

Rule Two

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.

Rule Three

3. 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

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/

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:

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 .