C1C2C3Part 4Confiscation: Northern Ireland
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Compensation
I1C2220C2 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 any 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 police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32), the compensation is payable by the Chief Constable;
b
if the person in default was F1a member of the Public Prosecution Service for Northern Ireland or was acting on his behalf, the compensation is payable by the Director of Public Prosecutions for Northern Ireland;
F2ba
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;
d
if the person in default was a customs officer, the compensation is payable by the Commissioners of Customs and Excise;
e
if the person in default was an officer of the Commissioners of Inland Revenue, the compensation is payable by those Commissioners.
F3f
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 (b), (d) or (e) of section 302(7A) (as the case may require).
I2C2221C2 Order varied or discharged
1
This section applies if—
a
the court varies a confiscation order under section 179 or discharges one under section 180, 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. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)