SCHEDULES
SCHEDULE 4 Confiscation Orders: Supplementary Provisions
F2 Compensation etc. where absconder is acquitted
F320A
1
This paragraph applies where—
a
the High Court has made a confiscation order by virtue of section 52B(4) of this Act, and
b
the defendant is subsequently tried for the offence or offences concerned and acquitted on all counts.
2
The court by which the defendant is acquitted shall cancel the confiscation order.
3
The High Court may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.
4
The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.
5
Rules of court may make provision—
a
for the giving of notice of any application under this paragraph; and
b
for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.
6
Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.
7
Where the court cancels a confiscation order under this paragraph it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.
Sch. 4 paras. 20A-20C and crossheadings inserted (3.2.1995) by 1993 c. 36, ss.43, 78(3) (with s. 78(6)); S.I. 1995/43, arts. 2, 3, Sch.