Part 2Confiscation: England and Wales

Compensation

72Serious default

1

If the following three conditions are satisfied the Crown Court may order the payment of such compensation as it believes is just.

2

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

3

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

b

the proceedings would not have been started 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 started.

8

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

9

Compensation under this section is payable to the applicant and—

a

if the person in default was or was acting as a member of a police force, the compensation is payable out of the police fund from which the expenses of that force are met;

b

if the person in default was a member of the Crown Prosecution Service or was acting on its behalf, the compensation is payable by the Director of Public Prosecutions;

c

if the person in default was a member of the Serious Fraud Office, the compensation is payable by the Director of that Office;

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.

73Order varied or discharged

1

This section applies if—

a

the court varies a confiscation order under section 29 or discharges one under section 30, and

b

an application is made to the Crown 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 of such compensation as it believes is just.

3

Compensation under this section is payable—

a

to the applicant;

b

by the Lord Chancellor.