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Proceeds of Crime Act 2002

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CompensationS

139 Serious defaultS

(1)If the following three conditions are satisfied the court may order the payment of such compensation as it thinks is just.

(2)The first condition is satisfied if a criminal investigation has been instituted with regard to an offence and proceedings are not instituted for the offence.

(3)The first condition is also satisfied if proceedings for an offence are instituted 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 mentioned in subsection (9), and

(b)the proceedings would not have been instituted 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 instituted.

(8)The offence referred to in subsection (3) may be one of a number of offences for which the proceedings are instituted.

(9)Compensation under this section is payable to the applicant and—

(a)if the person in default was a constable of a police force (within the meaning of the Police (Scotland) Act 1967 (c. 77)), the compensation is payable by the police authority or joint police board for the police area for which that force is maintained;

(b)if the person in default was a constable not falling within paragraph (a), the compensation is payable by the body under whose authority he acts;

(c)if the person in default was a procurator fiscal or was acting on behalf of the Lord Advocate, the compensation is payable by the Lord Advocate;

[F1(ca)if the person in default was a member of staff of SOCA, the compensation is payable by SOCA;]

(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.

(10)Nothing in this section affects any delictual liability in relation to a serious default.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.

Commencement Information

I1S. 139 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

140 Confiscation order varied or dischargedS

(1)This section applies if—

(a)the court varies a confiscation order under section 113 or discharges one under section 114, and

(b)an application is made to the 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 to the applicant of such compensation as it believes is just.

(3)Compensation payable under this section is payable by the Lord Advocate.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.

Commencement Information

I2S. 140 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

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