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Criminal Damage (Compensation) (Northern Ireland) Order 1977

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Criminal Damage (Compensation) (Northern Ireland) Order 1977, Section 5 is up to date with all changes known to be in force on or before 28 June 2017. 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. Help about Changes to Legislation

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Compensation for damage to other propertyN.I.

5.—(1) Where damage has been unlawfully, maliciously or wantonly caused to any property—

(a)by any three or more persons unlawfully, riotously or tumultuously assembled together; or

(b)as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful association;

the Secretary of State shall, subject to the provisions of this Order, pay compensation to any person having an estate or interest in that property who suffers loss from that damage.

(2) Where the Chief Constable is of the opinion that any act was committed maliciously by a person acting on behalf of or in connection with an unlawful association he shall issue a certificate in the form set out in the Schedule, or in such other form as may be prescribed, to any person who requests him to issue such a certificate for the purposes of an application by that person for compensation for loss resulting from damage alleged to have been caused by an act so committed.

(3) A certificate purporting to be issued by the Chief Constable under paragraph (2) shall, until the contrary is proved, be evidence that the act therein referred to was committed maliciously by a person acting on behalf of or in connection with an unlawful association.

(4) If the Chief Constable certifies that it is not in the public interest to disclose the information on which any certificate issued under paragraph (2) is based, that information shall not be disclosed in any court in proceedings under this Order.

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