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(5) The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred.
(6) Compensation payable under this paragraph shall be paid—
- (a) where the person in default was or was acting as a member of the Royal Ulster Constabulary, out of funds put at the disposal of the Chief Constable under section 10(5) of the 1998 c. 32.Police (Northern Ireland) Act 1998, and
- (b) where the person in default was a member of the Office of the Director of Public Prosecutions for Northern Ireland, by the Director of Public Prosecutions for Northern Ireland.
40.—(1) This paragraph applies where—
- (a) a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18, and
- (b) the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5), as applied by section 8(2).
(2) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.
- (3) The High Court may order compensation to be paid to the applicant if satisfied—
- (a) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and
- (b) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.
(4) Compensation payable under this paragraph shall be paid by the Secretary of State.
Proceedings for an offence: timing
41.—(1) For the purposes of this Part of this Schedule proceedings for an offence are instituted—
- (a) when a summons or warrant is issued under Article 20 of the S.I. 1981/1675 (N.I. 26).Magistrates’ Courts (Northern Ireland) Order 1981 in respect of the offence;
- (b) when a person is charged with the offence after being taken into custody without a warrant;
- (c) when an indictment charging a person with the offence is presented under section 2(2)(c), (e) or (f) of the 1969 c. 15 (N.I.).Grand Jury (Abolition) Act (Northern Ireland) 1969.
(2) Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.
(3) For the purposes of this Part of this Schedule proceedings are concluded—
- (a) when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or
- (b) when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).
