9(1)This paragraph applies where a restraint order is discharged under [F1paragraph 6(4)(a)].U.K.
(2)This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which—
(a)do not result in conviction for an offence under any of those sections,
(b)result in conviction for an offence under any of those sections in respect of which the person convicted is subsequently pardoned by Her Majesty, or
(c)result in conviction for an offence under any of those sections which is subsequently quashed.
(3)A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.
(4)The High Court may order compensation to be paid to the applicant if satisfied—
(a)that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,
(b)that the person in default was or was acting as a member of a police force, or was a member of the Crown Prosecution Service or was acting on behalf of the Service,
(c)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and
(d)that, having regard to all the circumstances, it is appropriate to order compensation to be paid.
(5)The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred.
(6)Compensation payable under this paragraph shall be paid—
(a)where the person in default was or was acting as a member of a police force, out of the police fund out of which the expenses of that police force are met, and
(b)where the person in default was a member of the Crown Prosecution Service, or was acting on behalf of the Service, by the Director of Public Prosecutions.
Textual Amendments
F1Words in Sch. 4 Pt. 1 para. 9(1) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(7); S.I. 2001/4019, art. 2(1)(c)
X110(1)This paragraph applies where—U.K.
(a)a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18, and
(b)the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5).
(2)A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.
(3)The High Court may order compensation to be paid to the applicant if satisfied—
(a)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and
(b)that, having regard to all the circumstances, it is appropriate to order compensation to be paid.
(4)Compensation payable under this paragraph shall be paid by the Secretary of State.
Editorial Information
X1The omission of the cross-heading "Compensation" on 18.6.2009 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under "Restraint Orders" cross-heading.