HC Deb 06 March 1991 vol 187 c421

19.—(1) If proceedings are instituted against a person for a relevant offence or relevant offences and either—

  1. (a) the proceedings do not result in his conviction for any such offence; or
  2. (b) where he is convicted of one or more such offences—
    1. (i) the conviction or convictions concerned are quashed; or
    2. (ii) he is pardoned by Her Majesty in respect of the conviction or convictions concerned,
the High Court may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

(2) The High Court shall not order compensation to be paid in any case unless the court is satisfied—

  1. (a) that there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned, being a person mentioned in sub-paragraph (5) below; and
  2. (b) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order under this Schedule or Part (Confiscation of proceeds of terrorist-related activities) of this Act.

(3) The High Court shall not order compensation to be paid in any case where it appears to the court that the proceedings would have been instituted or continued even if the serious default had not occurred.

(4) The amount of compensation to be paid under this paragraph shall be such as the High Court thinks just in all the circumstances of the case.

(5) Compensation payable under this paragraph shall be paid—

  1. (a) where the person in default was or was acting as a member of the Royal Ulster Constabulary or as a person authorised under section 47 of this Act, by the Police Authority for Northern Ireland;
  2. (b) where the person in default was a member of the Office of the Director of Public Prosecutions for Northern Ireland, by the Director of Public Prosecutions for Northern Ireland.