C2C4C3C1Part 2Confiscation: England and Wales
Pt. 2 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.I. 2003/333, art. 2, Sch.)
Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
Compensation
I1C3C172C3C1 Serious default
1
If the following three conditions are satisfied the Crown Court may order the payment of such compensation as it believes is just.
2
The first condition is satisfied if a criminal investigation has been started with regard to an offence and proceedings are not started for the offence.
3
The first condition is also satisfied if proceedings for an offence are started against a person and—
a
they do not result in his conviction for the offence, or
b
he is convicted of the offence but the conviction is quashed or he is pardoned in respect of it.
4
If subsection (2) applies the second condition is that—
a
in the criminal investigation there has been a serious default by a person mentioned in subsection (9), and
b
the investigation would not have continued if the default had not occurred.
5
If subsection (3) applies the second condition is that—
a
in the criminal investigation with regard to the offence or in its prosecution there has been a serious default by a person who is mentioned in subsection (9), and
b
the proceedings would not have been started or continued if the default had not occurred.
6
The third condition is that an application is made under this section by a person who held realisable property and has suffered loss in consequence of anything done in relation to it by or in pursuance of an order under this Part.
7
The offence referred to in subsection (2) may be one of a number of offences with regard to which the investigation is started.
8
The offence referred to in subsection (3) may be one of a number of offences for which the proceedings are started.
9
Compensation under this section is payable to the applicant and—
a
if the person in default was or was acting as a member of a police force, the compensation is payable out of the police fund from which the expenses of that force are met;
b
if the person in default was a member of the Crown Prosecution Service or was acting on its behalf, the compensation is payable by the Director of Public Prosecutions;
c
if the person in default was a member of the Serious Fraud Office, the compensation is payable by the Director of that Office;
F1d
if the person in default was a member of or acting on behalf of the Revenue and Customs Prosecutions Office, the compensation is payable by the Director of Revenue and Customs Prosecutions;
e
if the person in default was an officer of the Commissioners of Inland Revenue, the compensation is payable by those Commissioners.
I2C2C4C3C173C2C4C3C1 Order varied or discharged
1
This section applies if—
a
the court varies a confiscation order under section 29 or discharges one under section 30, and
b
an application is made to the Crown Court by a person who held realisable property and has suffered loss as a result of the making of the order.
2
The court may order the payment of such compensation as it believes is just.
3
Compensation under this section is payable—
a
to the applicant;
b
by the Lord Chancellor.
Pt. 2 applied by 1984 c. 60, s. 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(3); S.I. 2003/333, art. 2, Sch.)