Page:Mutual Assistance in Criminal Matters Act 2000.pdf/55

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FIRST SCHEDULE—continued Compensation

21.—(1) If a criminal investigation is begun in a prescribed foreign country against a person for a foreign drug offence or offences and any of the following circumstances occur, namely:
 * (a) no criminal proceedings are instituted against that person;
 * (b) criminal proceedings are instituted against that person but do not result in his conviction for any foreign drug offence; or
 * (c) criminal proceedings are instituted against that person and he is convicted of one or more foreign drug offences, but—
 * (i) the conviction or convictions concerned are quashed; or
 * (ii) he is granted a pardon in respect of the conviction or convictions concerned,

the High Court may, on application by a person who held property and who has suffered loss in consequence of anything done in relation to that property in pursuance of an order under paragraph 18 or 19, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the High Court considers it appropriate to make such an order.

(2) The High Court shall not order compensation to be paid under sub-paragraph (1) unless it is satisfied that there has been some serious default on the part of any person concerned in the criminal investigation or prosecution of the offence or offences concerned.

(3) The High Court shall not order compensation to be paid under sub-paragraph (1) in any case where it appears to the Court that the criminal investigation would have been continued, or the criminal proceedings would have been instituted or continued, as the case may be, if the serious default had not occurred.