CompensationS
26 Compensation.S
(1)Subject to subsection (2) below, if proceedings are instituted against a person for an offence to which section 1 of this Act relates and either—
(a)the proceedings do not result in his conviction for any such offence, or
(b)where he is convicted of one or more such offences, the conviction or convictions concerned are quashed (and no conviction for any such offence is substituted),
the Court of Session may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant; but this subsection is without prejudice to any right which may otherwise exist to institute proceedings in respect of delictual liability disclosed by such circumstances as are mentioned in paragraphs (a) and (b) of that subsection.
(2)The Court of Session shall not order compensation to be paid under subsection (1) above in any case unless satisfied—
(a)that there has been some serious default on the part of a person concerned in the investigation of the offence or offences concerned, being a person mentioned in subsection (4) below, and that, but for that default, the proceedings would not have been instituted or continued; and
(b)that the applicant has suffered substantial loss or damage in consequence of anything done in relation to the property under section 8, 11, 12, 13, or 24 of this Act or by virtue of section 24A of the M1Drug Trafficking Offences Act 1986 (recognition and enforcement in England and Wales of orders and functions under this part of this Act).
(3)The amount of compensation to be paid under this section shall be such as the Court of Session thinks just in all the circumstances of the case.
(4)Compensation payable under this section shall be paid, where the person in default was—
(a)a constable of a police force, by the police authority or joint police committee for the police area for which that force is maintained (“constable”, “police force”, “police authority”, “joint police committee” and “police area” having the meanings assigned to these terms by the M2Police (Scotland) Act 1967);
(b)a constable other than is mentioned in paragraph (a) above, but with the powers of such a constable, by the body under whose authority he acts;
(c)a procurator fiscal or was acting on behalf of the Lord Advocate, by the Lord Advocate; and
(d)a person commissioned by the Commissioners of Customs and Excise, by those Commissioners.