[F1362RCompensationE+W+N.I.
(1)Where an interim freezing order in respect of any property is discharged, the person to whom the property belongs may make an application to the High Court for the payment of compensation.
(2)The application must be made within the period of three months beginning with the discharge of the interim freezing order.
(3)The court may order compensation to be paid to the applicant only if satisfied that—
(a)the applicant has suffered loss as a result of the making of the interim freezing order,
(b)there has been a serious default on the part of the enforcement authority that applied for the order, and
(c)the order would not have been made had the default not occurred.
(4)Where the court orders the payment of compensation—
(a)the compensation is payable by the enforcement authority that applied for the interim freezing order, and
(b)the amount of compensation to be paid is the amount that the court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.]
Textual Amendments
F1S. 362J 362R and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 2, 58(1)(6); S.I. 2018/78, reg. 3(a); S.I. 2021/724, reg. 2(1)(a)