High Court refuses application for judicial review of District Court order authorising continued detention of cash seized from the applicant under proceeds of crime legislation, finding that: (a) the District Court order was made within jurisdiction and in accordance with law; and (b) the related forfeiture application was issued while the cash was lawfully detained under the relevant statutory provision and was, accordingly, properly before the Circuit Court.
Application for judicial review of District Court order authorising continued detention for three further months of cash seized from applicant pursuant to s. 38 of the Criminal Justice Act 1994 as amended by the Proceeds of Crime (Amendment) Act 2005 - GBP 6,650 in cash seized from applicant's car when he disembarked from ferry in Dublin Port - different explanations given by applicant as to origins of the cash - District Court order was final possible extension of the period of detention - applicant defending forfeiture proceedings brought by DPP - whether District Court failed to comply with the principles of natural and constitutional justice - whether District Court failed to apply the appropriate statutory standards - whether the statutory proofs in s. 38 had been met - whether District Court erred in law in its interpretation of the appropriate statutory test - whether District Court erred in law in finding that further detention of applicant’s property was necessary and justified while its origin and derivation was further investigated - whether District Court erred in law in finding that further detention of applicant’s property was necessary and justified while consideration was given to the institution of criminal proceedings against any person for an offence with which the cash was connected.