C2C1C3Part 2Confiscation: England and Wales
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.)
Pt. 2: 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
I1C2C172C2C1 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;
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;
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.
F4ea
if the person in default was an immigration officer, the compensation is payable by the Secretary of State;
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 (a), (c) or (e) of section 302(7A) (as the case may require).
I2C2C173C2C1 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 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.)