Proceeds of Crime Act, 1996
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Compensation. |
16.—(1) 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 3 (7)), | ||
(b) an interlocutory order is discharged (otherwise than pursuant to section 3 (7)) or lapses and a disposal order in relation to the matter is not made or, if made, is discharged, | ||
(c) an interim order or an interlocutory order is varied (otherwise than pursuant to section 3 (7)) or a disposal order is varied on appeal, | ||
the Court may, on application to it in that behalf by a person who shows to the satisfaction of the Court that— | ||
(i) he or she is the owner of any property to which— | ||
(I) an order referred to in paragraph (a) or (b) related, or | ||
(II) an order referred to in paragraph (c) had related but, by reason of its being varied by a court, has ceased to relate, | ||
and | ||
(ii) the property does not constitute, directly or indirectly, proceeds of crime or was not acquired, in whole or in part, with or in connection with property that, directly or indirectly, constitutes proceeds of crime, award to the person such (if any) compensation payable by the Minister as it considers just in the circumstances in respect of any loss incurred by the person by reason of the order concerned. | ||
(2) The Minister shall be given notice of, and be entitled to be heard in, any proceedings under this section. |