- Latest available (Revised)
- Point in Time (25/06/2013)
- Original (As enacted)
Version Superseded: 07/10/2013
Point in time view as at 25/06/2013.
Proceeds of Crime Act 2002, Cross Heading: Compensation is up to date with all changes known to be in force on or before 29 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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;
[F1(ba)if the person in default was a member of staff of SOCA, the compensation is payable by SOCA;]
(c)if the person in default was a member of the Serious Fraud Office, the compensation is payable by the Director of that Office;
[F2(d)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.
[F3(ea)if the person in default was an immigration officer, the compensation is payable by the Secretary of State;]
[F4(f)if the person in default was an accredited financial investigator and none of paragraphs (a) to (e) apply, the compensation is payable in accordance with paragraph (a), (c) or (e) of section 302(7A) (as the case may require).]
Textual Amendments
F1S. 72(9)(ba) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 61(2)(a), 116(1); S.I. 2009/3096, art. 3(g)
F2S. 72(9)(d) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 97; S.I. 2005/1126, art. 2(2)(h)
F3S. 72(9)(ea) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 19 (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
F4S. 72(9)(f) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 61(2)(b), 116(1); S.I. 2009/3096, art. 3(g)
Modifications etc. (not altering text)
C1Pt. 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.)
C2Pt. 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.)
Commencement Information
I1S. 72 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
(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.
Commencement Information
I2S. 73 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
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 without 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?
The Whole Act without Schedules 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 Whole Act without 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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: