Comparison View

Formal Consolidation |  2020 RevEd
Compensation
71.—(1)  If an investigation is begun against a person for a drug dealing offence or a serious offence (as the case may be) or offences and any of the following circumstances occur, namely:
(a)no proceedings are instituted against that person;
(b)proceedings are instituted against that person but do not result in the person’s conviction for any drug dealing offence or serious offence, as the case may be;
(c)proceedings are instituted against that person and the person is convicted of one or more drug dealing offences or serious offences (as the case may be), but —
(i)the conviction or convictions concerned are quashed; or
(ii)the person is granted a pardon in respect of the conviction or convictions concerned,
the General Division of the High Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the General Division of the High Court considers it appropriate to make such an order.
[21/2014; 40/2019]
(2)  The General Division of the High Court is not to order compensation to be paid under subsection (1) unless it is satisfied that —
(a)there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned; and
(b)the applicant has suffered loss in consequence of anything done in relation to the property by, or pursuant to an order of, the General Division of the High Court under section 19, 20 or 22.
[40/2019]
(3)  The General Division of the High Court is not to order compensation to be paid under subsection (1) in any case where it appears to the General Division of the High Court that the investigation would have been continued, or the proceedings would have been instituted or continued (as the case may be) if the serious default had not occurred.
[40/2019]
(4)  Without affecting subsection (1), where —
(a)a disclosure is made by any person in accordance with section 50(3) in relation to any property;
(b)in consequence of the disclosure and for the purposes of an investigation or prosecution in respect of a drug dealing offence or a serious offence or offences any act is done or omitted to be done in relation to that property; and
(c)no proceedings are instituted against any person in respect of that offence or offences or no order is made by the General Division of the High Court under section 19 or 20 in relation to that property,
the General Division of the High Court may, on application by a person who held the property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the General Division of the High Court considers it appropriate to make such an order.
[21/2014; 40/2019]
(5)  The General Division of the High Court is not to order compensation to be paid under subsection (4) unless it is satisfied that —
(a)there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned and that, but for that default, the act or omission referred to in subsection (4)(b) would not have occurred; and
(b)the applicant has, in consequence of the act or omission referred to in subsection (4)(b), suffered loss in relation to the property.
[40/2019]
(6)  The amount of compensation to be paid under this section is such as the General Division of the High Court thinks just in all the circumstances of the case.
[50
[40/2019]
Informal Consolidation | Amended S 639/2023
Compensation
71.—(1)  If an investigation is begun against a person for a drug dealing offence or a serious offence (as the case may be) or offences and any of the following circumstances occur, namely:
(a)no proceedings are instituted against that person;
(b)proceedings are instituted against that person but do not result in the person’s conviction for any drug dealing offence or serious offence, as the case may be;
(c)proceedings are instituted against that person and the person is convicted of one or more drug dealing offences or serious offences (as the case may be), but —
(i)the conviction or convictions concerned are quashed; or
(ii)the person is granted a pardon in respect of the conviction or convictions concerned,
the General Division of the High Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the General Division of the High Court considers it appropriate to make such an order.
[21/2014; 40/2019]
(2)  The General Division of the High Court is not to order compensation to be paid under subsection (1) unless it is satisfied that —
(a)there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned; and
(b)the applicant has suffered loss in consequence of anything done in relation to the property by, or pursuant to an order of, the General Division of the High Court under section 19, 20 or 22.
[40/2019]
(3)  The General Division of the High Court is not to order compensation to be paid under subsection (1) in any case where it appears to the General Division of the High Court that the investigation would have been continued, or the proceedings would have been instituted or continued (as the case may be) if the serious default had not occurred.
[40/2019]
(4)  Without affecting subsection (1), where —
(a)a disclosure is made by any person in accordance with section 50(3) in relation to any property;
(b)in consequence of the disclosure and for the purposes of an investigation or prosecution in respect of a drug dealing offence or a serious offence or offences any act is done or omitted to be done in relation to that property; and
(c)no proceedings are instituted against any person in respect of that offence or offences or no order is made by the General Division of the High Court under section 19 or 20 in relation to that property,
the General Division of the High Court may, on application by a person who held the property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the General Division of the High Court considers it appropriate to make such an order.
[21/2014; 40/2019]
(5)  The General Division of the High Court is not to order compensation to be paid under subsection (4) unless it is satisfied that —
(a)there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned and that, but for that default, the act or omission referred to in subsection (4)(b) would not have occurred; and
(b)the applicant has, in consequence of the act or omission referred to in subsection (4)(b), suffered loss in relation to the property.
[40/2019]
(6)  The amount of compensation to be paid under this section is such as the General Division of the High Court thinks just in all the circumstances of the case.
[50
[40/2019]