(1)If no forfeiture order is made in respect of a substance retained under this Part, the person to whom it belongs may make an application to a magistrates' court for compensation.
(2)If the court is satisfied that the applicant has suffered loss as a result of the retention of the substance, the court may order compensation to be paid to the applicant.
(3)Subject to subsection (4), the amount of compensation to be paid is the relevant proportion of the value of the substance. For these purposes—
(a)the “relevant proportion” is whatever proportion (not exceeding 100%) the court thinks is reasonable;
(b)the “value” of the substance is the amount that it would cost the applicant to acquire the substance at the time when the court makes the order.
(4)If the court thinks that, by reason of exceptional circumstances, the value of the substance would not be adequate compensation, it may order payment of whatever larger amount it thinks reasonable.
(5)The fund from which, or person by whom, the compensation is to be paid depends on the person by whom the substance was seized, as follows—
| Person by whom substance seized | Fund from which or person by whom compensation payable |
|---|---|
| A constable of a police force maintained by a local policing body | The police fund from which the expenses of the police force are met |
| A constable of the Police Service of Scotland | The Scottish Police Authority |
| A constable of the Police Service of Northern Ireland | The Chief Constable of the Police Service of Northern Ireland |
| A constable of the British Transport Police Force | The Chief Constable of the British Transport Police Force |
| A constable of the Ministry of Defence Police | The Secretary of State |
| A National Crime Agency officer | The Director General of the National Crime Agency |
| A person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 | The Secretary of State |
Commencement Information
I1S. 64 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)