- Latest available (Revised)
- Point in Time (05/03/1996)
- Original (As enacted)
Point in time view as at 05/03/1996. This version of this cross heading contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 1995, Cross Heading: Compensation.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 31/03/1996
(1)Subject to subsection (3) below, if proceedings are instituted against a person for an offence to which this Chapter applies and either—
(a)the proceedings do not result in his conviction for any such offence, or
(b)where he is convicted of one or more such offences—
(i)the conviction or convictions concerned are quashed (and no conviction for any such offence is substituted); or
(ii)he is pardoned by Her Majesty in respect of the conviction or convictions concerned,
the court may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to do so.
(2)Subsection (1) above is without prejudice to any right which may otherwise exist to institute proceedings in respect of delictual liability disclosed by such circumstances as are mentioned in paragraphs (a) and (b) of subsection (3) below.
(3)The court shall not order compensation to be paid under subsection (1) above in any case unless satisfied—
(a)that there has been some serious default on the part of a person concerned in the investigation of the offence or offences concerned, being a person mentioned in subsection (5) below, and that, but for that default, the proceedings would not have been instituted or continued; and
(b)that the applicant has suffered loss or damage in consequence of anything done in relation to the property under section 94, 95, 97, 98, 99 or 108 of or Schedule 3 to this Act.
(4)The amount of compensation to be paid under this section shall be such as the court thinks just in all the circumstances of the case.
(5)Compensation payable under this section shall be paid, where the person in default was—
(a)a constable of a police force within the meaning of the M1Police (Scotland) Act 1967, by the police authority or joint police board for the police area for which that force is maintained;
(b)a constable other than is mentioned in paragraph (a) above, but with the powers of such a constable, by the body under whose authority he acts;
(c)a procurator fiscal or was acting on behalf of the Lord Advocate, by the Lord Advocate;
(d)a person commissioned by the Commissioners of Customs and Excise, by those Commissioners; and
(e)an officer of the Commissioners of Inland Revenue, by those Commissioners.
(6)An application for compensation under this section shall be made not later than three years after the conclusion of the proceedings in respect of which the confiscation order was made; and subsection (6) of section 95 of this Act shall apply for the purpose of determining when proceedings are concluded for the purposes of this subsection as it applies for the purposes of that section.
(7)In this section, “the court” means the Court of Session or the sheriff exercising his civil jurisdiction.
(8)Until the date on which paragraph 71 of Schedule 13 to the M2Local Government etc. (Scotland) Act 1994 comes into force, the reference in subsection (5)(a) above to a joint police board shall be construed as a reference to a joint police committee.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: