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The Proceeds of Crime (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Compensation

23.—(1) If proceedings are instituted against a person for an offence or offences to which this Order applies and either—

(a)the proceedings do not result in his conviction for any such offence, or

(b)he is convicted of one or more such offences but—

(i)the conviction or convictions concerned are quashed, or

(ii)he is pardoned by Her Majesty in respect of the conviction or convictions concerned,

the High Court may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

(2) The High Court shall not order compensation to be paid in any case unless the Court is satisfied—

(a)that there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned, being a person mentioned in paragraph (5); and

(b)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order of the High Court under Articles 30 to 34.

(3) The High Court shall not order compensation to be paid in any case where it appears to the Court that the proceedings would have been instituted or continued even if the serious default had not occurred.

(4) The amount of compensation to be paid under this Article shall be such as the High Court thinks just in all the circumstances of the case.

(5) Compensation payable under this Article shall be paid—

(a)where the person in default was or was acting as a member of the Royal Ulster Constabulary, by the Police Authority for Northern Ireland;

(b)where the person in default was a financial investigator, by the Police Authority for Northern Ireland;

(c)where the person in default was a member of the Office of the Director of Public Prosecutions for Northern Ireland, by the Director of Public Prosecutions for Northern Ireland;

(d)where the person in default was a member of the Serious Fraud Office, by the Director of that Office;

(e)where the person in default was an officer within the meaning of the [1979 c. 2.] Customs and Excise Management Act 1979, by the Commissioners of Customs and Excise; and

(f)where the person in default was an officer of the Commissioners of Inland Revenue, by those Commissioners.

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