Article 213T CompensationF1
If no order under article 213L (forfeiture), 213N (agreements about associated and joint property) or 213O (associated and joint property: default of agreement) is made in respect of any property detained under this Part, the person to whom the property belongs or from whom it was seized may make an application for compensation.
An application under paragraph (1) is to be made—
in England and Wales F2or Northern Ireland, to a magistrates’ court;
in Scotland, to the sheriff.
If the court or sheriff is satisfied that the applicant has suffered loss as a result of the detention of the property and that the circumstances are exceptional, the court or sheriff may order compensation to be paid to the applicant.
The amount of compensation to be paid is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
If the property was seized by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for Her Majesty’s Revenue and Customs.
If the property was seized by a constable, the compensation is to be paid as follows—
in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met;
in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority F3;
in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.
If the property was seized by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office.
If the property was seized by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency.
If an order under article 213L, 213N or 213O is made in respect only of a part of any property detained under this Part, this article has effect in relation to the other part.
Annotations
Textual amendments
- F1
Pt. 5A inserted (12.11.2019) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 30
- F2
Words in art. 213T(2)(a) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 16(a)
- F3
Art. 213T(6)(c) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 16(b)
Notes on Part 5A
Textual amendments
- F2
Words in Pt. 5A heading omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 6