Criminal Justice (Mutual Assistance) (Amendment) Act 2015

Amendment of section 65 of Criminal Justice Act 1994

34. Section 65 of the Criminal Justice Act 1994 is amended by the insertion of the following subsection after subsection (4):

“(4A) The court may order compensation to be paid under this section to a person with an interest in property affected by an order made under section 35, 51, or 60 or executed under section 51A or 60D of the Criminal Justice (Mutual Assistance) Act 2008

(a) notwithstanding that he or she is not the person who was the subject of the relevant investigation, and

(b) only if the court is satisfied—

(i) that there has been some serious default on the part of a person concerned in the carrying out of that order on behalf of the State, and

(ii) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of that order.”.