SCHEDULES

SCHEDULE 4 Forfeiture Orders

Part II Scotland

Restraint orders

X124

1

This paragraph applies where—

a

a forfeiture order or a restraint order is made in or in relation to proceedings for F1a relevant offence, and

b

the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5) as applied by section 8(1).

2

A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation.

3

The Court of Session may order compensation to be paid to the applicant if satisfied—

a

that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

b

that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

4

Compensation payable under this paragraph shall be paid by the Secretary of State.