Paragraph 17

Scotland

(1)

If proceedings are instituted against a person for an offence under Part III of this Act and either—

(a)

the proceedings do not result in his conviction for any such offence; or

(b)

where he is convicted of one or more such offences—

(i)

the conviction or convictions concerned are quashed; or

(ii)

he is pardoned by Her Majesty in respect of the conviction or convictions concerned,

the Court of Session may, on an application by a person who had an interest in any property which was subject to a forfeiture or restraint order made in or in relation to those proceedings, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to do so.

(2)

Sub-paragraph (1) above is without prejudice to any right which may otherwise exist to institute proceedings in respect of delictual liability disclosed by such circumstances as are mentioned in paragraphs (a) and (b) of that sub-paragraph.

(3)

The court shall not order compensation to be paid in any case unless it is satisfied—

(a)

that there is 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 (6) below; and

(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 Part of this Schedule.

(4)

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

(5)

The amount of compensation to be paid under this paragraph shall be such as the court thinks just in all the circumstances of the case.

(6)

Compensation payable under this paragraph shall be paid—

(a)

where the person in default was a constable of a police force, out of the police fund out of which the expenses of that police force are met;

(b)

where the person in default was a constable other than is mentioned in paragraph (a) above, but with the powers of such a constable, by the body under whose authority he acts; and

(c)

where the person in default was a procurator fiscal or was acting on behalf of the Lord Advocate, by the Lord Advocate.

(7)

Sub-paragraph (7) of paragraph 13 above applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

Notes on the whole Act

Textual amendments

F1: Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2

Notes on Schedule 4

Modifications

C1: Sch. 4 applied (with modifications) by 1998 c. 40, s. 4(7)