39(1)This paragraph applies where a restraint order is discharged under [F1paragraph 34(4)(a)].
(2)This paragraph also apples where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which—
(a)do not result in conviction for an offence under any of those sections,
(b)result in conviction for an offence under any of those sections in respect of which the person convicted is subsequently pardoned by Her Majesty, or
(c)result in a conviction for an offence under any of those sections which is subsequently quashed.
(3)A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.
(4)The High Court may order compensation to be paid to the applicant if satisfied—
(a)that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,
(b)that the person in default was or was acting as a member of the Royal Ulster Constabulary, or was a member of the Office of the Director of Public Prosecutions for Northern Ireland,
(c)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
(d)that, having regard to all the circumstances, it is appropriate to order compensation to be paid.
(5)The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred.
(6)Compensation payable under this paragraph shall be paid—
(a)where the person in default was or was acting as a member of the Royal Ulster Constabulary, out of funds put at the disposal of the Chief Constable under section 10(5) of the M1Police (Northern Ireland) Act 1998, and
(b)where the person in default was a member of the Office of the Director of Public Prosecutions for Northern Ireland, by the Director of Public Prosecutions for Northern Ireland.
Textual Amendments
F1Word in Sch. 4 Pt. 3 para. 39(1) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 4(7); S.I. 2001/4019, art. 2(1)(c)
Marginal Citations