Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 5 - Reducing the effect of forfeiture orders  

Subdivision C - Compensating for proportion of property not derived or realised from commission of any offence  

SECTION 78   Application for compensation orders  

Before a forfeiture order has been made

78(1)    
A person may apply to a court for a *compensation order if an application for a *forfeiture order that could specify property in which the person claims an *interest has been made to the court, but the forfeiture order is yet to be made.

After a forfeiture order has been made

78(2)    
A person who claims an *interest in property specified in a *forfeiture order may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for a *compensation order.

78(3)    
However, unless the court gives leave, the person cannot apply under subsection (2) if he or she:

(a) was notified of the application for the *forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made; or

(b) appeared at the hearing of the application for the forfeiture order.

78(4)    
The court may give the person leave to apply under subsection (2) if the court is satisfied that:

(a) if paragraph (3)(a) applies - the person had a good reason for not making an application under subsection (1) before the *forfeiture order was made; or

(b) in either case:

(i) the person now has evidence relevant to the making of the *compensation order that was not available to the person at the time the forfeiture order was made; or

(ii) there are other special grounds for granting the leave.