Section 303W: Compensation, Proceeds of Crime Act 2002

If no order under section 303O, 303Q or 303R is made in respect of any property detained under this Chapter, the person to whom the property belongs or from whom it was seized may make an application for compensation.

An application under subsection (1) is to be made—

in England and Wales or 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;

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 the property was seized by an accredited financial investigator who was not an officer of Revenue and Customs, a constable, an SFO officer or a National Crime Agency officer, the compensation is to be paid as follows—

in the case of an investigator who was—

a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

a member of staff of the City of London police force,

it is to be paid out of the police fund from which the expenses of the police force are met,

in the case of an investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland,

in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department,

in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department,

in the case of an investigator who was exercising a function of the Welsh Revenue Authority, it is to be paid by the Welsh Revenue Authority, and

in any other case, it is to be paid by the employer of the investigator.

The Secretary of State may by regulations amend subsection (9).

The power in subsection (10) is exercisable by the Department of Justice (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998.)

If an order under section 303O, 303Q or 303R is made in respect only of a part of any property detained under this Chapter, this section has effect in relation to the other part.

Section 303W: Compensation

Discussed in

About this text