Section 26 Appropriated property: compensationI1

(1)

A person (“P”) with an interest in anything of which an authorised officer of an enforcement authority has taken possession under section 23(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates' court for compensation.

(2)

Subsection (3) applies if on an application under this section the court is satisfied that—

(a)

P has suffered loss or damage in consequence of the authorised officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 5, 6 or 17 had been committed, and

(b)

the loss or damage is not attributable to the neglect or default of P.

(3)

The court may order the enforcement authority to pay compensation to P.

Annotations

Commencement

I1: S. 26 in force at 1.3.2021 by S.I. 2021/202, art. 2