Part 2

Confiscation: England and Wales

Compensation

Serious default
72
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.