Section 72: Serious default, Proceeds of Crime Act 2002

If the following three conditions are satisfied the Crown Court may order the payment of such compensation as it believes is just.

The first condition is satisfied if a criminal investigation has been started with regard to an offence and proceedings are not started for the offence.

The first condition is also satisfied if proceedings for an offence are started against a person and—

they do not result in his conviction for the offence, or

he is convicted of the offence but the conviction is quashed or he is pardoned in respect of it.

If subsection (2) applies the second condition is that—

in the criminal investigation there has been a serious default by a person mentioned in subsection (9), and

the investigation would not have continued if the default had not occurred.

If subsection (3) applies the second condition is that—

in the criminal investigation with regard to the offence or in its prosecution there has been a serious default by a person who is mentioned in subsection (9), and

the proceedings would not have been started or continued if the default had not occurred.

The third condition is that an application is made under this section by a person who held realisable property and has suffered loss in consequence of anything done in relation to it by or in pursuance of an order under this Part.

The offence referred to in subsection (2) may be one of a number of offences with regard to which the investigation is started.

The offence referred to in subsection (3) may be one of a number of offences for which the proceedings are started.

Compensation under this section is payable to the applicant and—

if the person in default was or was acting as a member of a police force, the compensation is payable out of the police fund from which the expenses of that force are met;

if the person in default was a member of the Crown Prosecution Service or was acting on its behalf, the compensation is payable by the Director of Public Prosecutions;

if the person in default was a National Crime Agency officer, the compensation is payable by the National Crime Agency;

if the person in default was a member of the Serious Fraud Office, the compensation is payable by the Director of that Office;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if the person in default was an officer of the Commissioners of Inland Revenue, the compensation is payable by those Commissioners.

if the person in default was an immigration officer, the compensation is payable by the Secretary of State;

if the person in default was an accredited financial investigator and none of paragraphs (a) to (e) apply, the compensation is payable in accordance with paragraph (a), (c) , (da) or (e) of section 302(7A) (as the case may require).

Section 72: Serious default

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