Criminal Justice (Terrorist Offences) Act 2005

Compensation.

19.—(1) An application to the High Court for an order under this section may be made where—

(a) an interim order is discharged or lapses and an interlocutory order in relation to the matter is not made or, if made, is discharged (otherwise than pursuant to section 14 (11)),

(b) an interlocutory order is discharged (otherwise than pursuant to section 15 (12)) or lapses and a disposal order in relation to the matter is not made or, if made, is discharged, or

(c) an interim order or an interlocutory order is varied (otherwise than pursuant to section 14 (11) or 15 (12)) or a disposal order is varied on appeal.

(2) On application under subsection (1) by a person who satisfies the Court that—

(a) the person is the owner of funds to which—

(i) an interim order referred to in subsection (1)(a) related,

(ii) an interlocutory order referred to in subsection (1)(b) related,

(iii) an order referred to in subsection (1)(c) had related, but by reason of it being varied by a court, has ceased to relate,

and

(b) the funds are not being used or intended for use in committing or facilitating the commission of an offence under section 6 or 13 ,

the Court may award to the person such (if any) compensation payable by the Minister for Finance as it considers just in the circumstances in respect of any loss incurred by the person by reason of the order concerned.

(3) The Minister for Finance shall be given notice of, and be entitled to be heard in, any proceedings under this section.