Part 4 Miscellaneous
333.Paragraph 9 provides for those who claim ownership of the cash or any part of it that is detained. The court may release the cash to the applicant if it is satisfied that he was a victim of criminal conduct (as defined in paragraph 19) and that the cash belongs to him. However, it may not release the cash to him if the property that the applicant was originally deprived of was itself property obtained through criminal conduct. So a thief who is deprived of the property that he has stolen cannot benefit from these provisions. The victim’s application may be made at the time of a detention hearing under paragraph 3, a forfeiture hearing under paragraph 6 or any other time.
334.Paragraph 10 provides that where no forfeiture order is made following the detention of cash the person from whom it was seized or the person to whom the cash belongs may apply to the court for compensation. If cash has not been held in an interest bearing account because it is needed as evidence, sub-paragraph (2) allows the court to pay an amount of compensation in respect of the interest lost. Sub-paragraph (4) also gives the court discretion to pay compensation where loss has occurred and the circumstances are exceptional. This applies whether or not interest has been paid. Where as a result of proceedings under paragraph 9, cash is returned to a victim, it is not thought appropriate that compensation should be payable and sub-paragraph (10) reflects this.
