- (c) the confiscation order against the subject is revoked on appeal,
the Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, the Court considers it appropriate to make such order.
(2) The Court must not order compensation under subsection (1) unless it is satisfied that—
- (a) there has been some serious default on the part of the Public Prosecutor, any person carrying out the duties of the Public Prosecutor under this Part, or a law enforcement officer; and
- (b) the applicant has suffered loss as a result of anything done in relation to the property by, or as a result of a restraint or charging order, or the provisions of sections 16, 17 and 19 of the CDSA as applied by section 70.
(3) The amount of compensation that may be ordered is the amount that the Court thinks just, having regard to the loss suffered and any other relevant circumstances.
Rules of Court
69. Rules of Court may provide for the manner in which proceedings under this Part may be commenced or carried on.
Application of CDSA provisions
70.—(1) The following provisions of the CDSA apply in relation to a restraint order, a charging order, a confiscation order, and an application for any of these orders, as well as for the purpose of enabling the satisfaction of a confiscation order, as they apply in relation to a restraint order, a charging order and a confiscation order under the CDSA and an application for any of those orders, and for the purpose of enabling the satisfaction of a confiscation order under the CDSA, subject to the modifications in subsection (3):
- Sections 10(2) to (6)(a), 11, 12(1) to (6) and (9)(b), 15(2A), 16(2), (3), (6), (8) and (9), 17(4) to (7), 18, 19(3) to (9), 20, 21, 22 (other than subsection (4)(b)), 23, 24 and 25.
