Point in time view as at 01/01/2014.
Terrorism Act 2000, Paragraph 39 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
X139(1)This paragraph applies where a restraint order is discharged under [F1paragraph 34(4)(a)].U.K.
(2)This paragraph also apples where a forfeiture order or a restraint order is made in or in relation to proceedings for [F2a relevant offence] which—
(a)do not result in conviction for [F3a relevant offence],
(b)result in conviction for [F3a relevant offence] in respect of which the person convicted is subsequently pardoned by Her Majesty, or
(c)result in a conviction for [F3a relevant offence] 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 [F4member of staff of the Public Prosecution Service 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 [F5member of staff of the Public Prosecution Service for Northern Ireland], by the Director of Public Prosecutions for Northern Ireland.
Editorial Information
X1The omission of the cross-heading "Compensation" on 18.6.2009 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under "Restraint Orders" cross-heading.
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)
F2Words in Sch. 4 para. 39(2) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(26)(a) (with s. 101(2)); S.I. 2009/1256, art. 2(c)
F3Words in Sch. 4 para. 39(2)(a)(b)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(26)(b) (with s. 101(2)); S.I. 2009/1256, art. 2(c)
F4Words in Sch. 4 para. 39(4)(b) substituted (13.6.2005) by 2002 c. 26, s. 85, Sch. 12 para. 80; S.R. 2005/281, art. 2, Sch. 1
F5Words in Sch. 4 para. 39(6)(b) substituted (13.6.2005) by 2002 c. 26, s. 85, Sch. 12 para. 80; S.R. 2005/281, art. 2, Sch. 1
Marginal Citations
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
