On 21/05/2013,
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incorporating all amendments published on or before 21/05/2013.
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THE SCHEDULE
Enforcement of Foreign Confiscation Orders
Part I
Part IPreliminary
1.—(1) In this Schedule, unless the context otherwise requires —
“charging order” means an order made under paragraph 8(1);
“defendant” means the person against whom, or in relation to whose property, the foreign confiscation order concerned has been or may be made;
“interest”, in relation to property, includes right;
“property” means money or other property, movable or immovable, including things in action and other intangible or incorporeal property;
“realisable property” means —
(a)
where a foreign confiscation order (not being an instrumentality forfeiture order) has been made, any property in respect of which the order was made; or
(b)
where a foreign confiscation order (not being an instrumentality forfeiture order) may be made in proceedings which have been, or are to be, instituted in the prescribed foreign country concerned, any property in respect of which such an order could be made.
(2) A reference to a restraint order in Part II of this Schedule is a reference to an order made under paragraph 7(1), and a reference to a restraint order in Part III of this Schedule is a reference to an order made under paragraph 18.
(3) For the purposes of this Schedule —
(a)
property is held by any person if he holds any interest in it;
(b)
a reference to property held by a person includes a reference to property vested in his trustee in bankruptcy or liquidator;
(c)
a reference to an interest held by a person beneficially in property includes a reference to an interest which would be held by him beneficially if the property were not so vested in his trustee in bankruptcy or liquidator; and
(d)
property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
(4) For the purposes of this Schedule, judicial proceedings instituted in a prescribed foreign country that are criminal proceedings are concluded on the occurrence of one of the following events:
(a)
the discontinuance of the proceedings;
(b)
the acquittal of the defendant;
(c)
the quashing of the defendant’s conviction for the offence;
(d)
the grant of a pardon in respect of the defendant’s conviction for the offence;
(e)
the court sentencing or otherwise dealing with the defendant in respect of his conviction for the offence without having made a foreign confiscation order;
(f)
the satisfaction of a foreign confiscation order made in the proceedings, whether by payment of the amount due under the order, by the defendant serving imprisonment in default, by the recovery of all property liable to be recovered, or otherwise.
(5) For the purposes of this Schedule, a foreign confiscation order is subject to appeal as long as an appeal or further appeal is pending against the order or (if it was made on a conviction) against the conviction; and for this purpose, an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing the appeal.
2. This Schedule shall only apply to any matter which is the subject of a request under section 29, and in relation to which the Attorney-General has decided to act, or has authorised that action be taken, under the provisions of this Schedule.
Part II
Enforcement of Foreign Confiscation Orders other than Instrumentality Forfeiture Orders
3.—(1) For the purposes of this Part, the value of property (other than cash) in relation to any person holding the property —
(a)
where any other person holds an interest in the property, shall be —
(i)
the market value of the first-mentioned person’s beneficial interest in the property; less
(ii)
the amount required to discharge any incumbrance (other than a charging order) on that interest; and
(b)
in any other case, shall be its market value.
(2) References in this Part to the value at any time (referred to in this paragraph as the material time) of a gift caught by this Schedule are references to —
(a)
the value of the gift to the recipient when he received it adjusted to take account of subsequent changes in the value of money; or
(b)
where sub-paragraph (3) applies, the value mentioned therein,
whichever is the greater.
(3) If at the material time the recipient holds —
(a)
the property which he received (not being cash); or
(b)
property which, in whole or in part, directly or indirectly represents in his hands the property which he received,
the value referred to in sub-paragraph (2)(b) shall be the value to him at the material time of the property mentioned in sub-paragraph (a) or, as the case may be, of the property mentioned in sub-paragraph (b), so far as it so represents the property which he received, but disregarding in either case any charging order.
(4) For the purposes of this Part, “foreign confiscation order” excludes an instrumentality forfeiture order.
4.—(1) A reference in this Part to a gift caught by this Schedule is a reference to a gift made, whether before, on or after 1st April 2000 —
(a)
by the defendant since the beginning of the period of 6 years ending when the judicial proceedings were instituted against him; or
(b)
by the defendant at any time, being a gift of property which is or is part of the benefits derived by the defendant from criminal conduct.
(2) For the purposes of this Part —
(a)
the circumstances in which the defendant is to be treated as making a gift include those where he transfers property to another person, directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and
(b)
in those circumstances, this section shall apply as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in sub-paragraph (a) bears to the value of the consideration provided by the defendant.
(3) For the purposes of sub-paragraph (1), “criminal conduct” means —
(a)
doing or being concerned in any act constituting a foreign offence;
(b)
entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby —
(i)
the retention or control by or on behalf of another person of that other person’s benefits of an act referred to in sub-paragraph (a) is facilitated; or
(ii)
the benefits from an act referred to in sub-paragraph (a) by another person are used to secure funds that are placed at that other person’s disposal, directly or indirectly, or are used for that other person’s benefit to acquire property by way of investment or otherwise;
(c)
the concealing or disguising by a person of any property which is, or in part, directly or indirectly represents, his benefits from an act referred to in sub-paragraph (a); or
(d)
the conversion or transfer by a person of any property referred to in sub-paragraph (c) or the removal of such property from the jurisdiction.
5.—(1) Where a fixed amount is payable under a foreign confiscation order which has been registered under section 30 of this Act, that amount shall be treated as a judgment debt and the provisions of any written law relating to the payment of interest on judgment debts shall apply to it.
(2) For the purposes of sub-paragraph (1), the date of registration of the order shall be treated as the date of the judgment debt.
(3) Where by virtue of sub-paragraph (1) any interest accrues on the amount payable under a foreign confiscation order, the defendant shall be liable to pay that interest and the amount of the interest shall for the purposes of enforcement be treated as part of the amount payable under the foreign confiscation order.
6.—(1) The powers conferred on the High Court by paragraph 7(1) to make a restraint order and by paragraph 8(1) to make a charging order are exercisable where —
(a)
judicial proceedings have been instituted in a prescribed foreign country;
(b)
the proceedings have not been concluded; and
(c)
either a foreign confiscation order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for believing that such an order may be made in them.
(2) Those powers are also exercisable where the High Court is satisfied that judicial proceedings are to be instituted in a prescribed foreign country and that there are reasonable grounds for believing that a foreign confiscation order may be made in them.
(3) Where the High Court has made an order under paragraph 7(1) or 8(1) by virtue of sub-paragraph (2), the Court shall discharge the order if the proposed judicial proceedings are not instituted within such time as the Court considers reasonable and which shall not in any event exceed a period of 3 months.
(4) The High Court shall not make an order under paragraph 7(1) or 8(1) if it is of the opinion that it is contrary to the public interest for the order to be made.
7.—(1) The High Court may make a restraint order to prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.
(2) A restraint order may apply —
(a)
to all realisable property held by a specified person, whether the property is described in the restraint order or not; and
(b)
to all realisable property held by a specified person, being property transferred to him after the making of the restraint order.
(3) This section shall not have effect in relation to any property for the time being subject to a charge under paragraph 8.
(4) A restraint order —
(a)
may be made only on an application by the Attorney-General or, in a case where a foreign confiscation order has been registered under section 30, by a receiver appointed under paragraph 10 or the Attorney-General;
(b)
may be made on an ex parte application to a Judge in chambers; and
(c)
notwithstanding anything in Order 11 of the Rules of Court, may provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct.
(5) A restraint order may be discharged or varied in relation to any property.
(6) A restraint order shall be discharged when judicial proceedings in relation to which the order was made are concluded.
(7) Where the High Court has made a restraint order, the Court may at any time appoint the Public Trustee or any person as receiver —
(a)
to take possession of any realisable property; and
(b)
in accordance with the directions of the Court, to manage or otherwise deal with any property in respect of which he is appointed,
subject to such exceptions and conditions as may be specified by the Court.
(8) The High Court may require any person having possession of property in respect of which the receiver is appointed under sub-paragraph (7) to give possession of it to the Public Trustee or such receiver.
(9) Where the High Court has made a restraint order, an authorised officer may, for the purpose of preventing any realisable property from being removed from Singapore, seize the property.
(10) Property seized under sub-paragraph (9) shall be dealt with in accordance with the directions of the High Court.
8.—(1) The High Court may make a charging order on realisable property for securing the payment to the Government —
(a)
where a fixed amount is payable under a foreign confiscation order, of an amount not exceeding the amount so payable; or
(b)
in any other case, of an amount equal to the value from time to time of the property charged.
(2) For the purposes of this Schedule, a charging order is an order imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Government.
(3) A charging order may be made —
(a)
only on an application by the Attorney-General, or in a case where a foreign confiscation order has been registered under section 30, a receiver appointed under paragraph 10 or the Attorney-General; and
(b)
on an ex parte application to a Judge in chambers.
(4) Subject to sub-paragraph (6), a charge may be imposed by a charging order only on —
(a)
any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has, directly or indirectly, made a gift caught by this Schedule —
(i)
in any asset of a kind mentioned in sub-paragraph (5); or
(ii)
under any trust; or
(b)
any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset or is an interest under another trust, and a charge may, by virtue of sub-paragraph (a), be imposed by a charging order on the whole beneficial interest under the first-mentioned trust.
(5) The assets referred to in sub-paragraph (4) are —
(a)
immovable property in Singapore; or
(b)
securities of any of the following kinds:
(i)
securities of the Government or of any public authority;
(ii)
stock of any body incorporated in Singapore;
(iii)
stock of any body incorporated outside Singapore or of any country or territory outside Singapore, being stock registered in a register kept at any place within Singapore; and
(iv)
units of any unit trust in respect of which a register of the unit holders is kept at any place within Singapore.
(6) In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in sub-paragraph (5)(b), the High Court may provide for the charge to extend to any interest or dividend payable in respect of the asset.
(7) Where the High Court has made a charging order, the Court may give such directions to the Public Trustee or any person as the Court thinks fit to safeguard the assets under the charging order.
(8) The High Court may make an order discharging or varying the charging order and shall make an order discharging the charging order if the judicial proceedings against the defendant in the prescribed foreign country are concluded or the amount, payment of which is secured by the charge, is paid into the Court.
9.—(1) A charging order may be made either absolutely or subject to conditions as to notifying any person holding any interest in the property to which the order relates or as to the time when the charge is to become enforceable, or as to other matters.
(2) A caveat may be lodged under the Land Titles Act (Cap. 157) or an entry may be made under the Registration of Deeds Act (Cap. 269), as the case may be, in respect of a charging order.
(3) Subject to any provision made under paragraph 12 or by the Rules of Court, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the person holding the beneficial interest or, as the case may be, the trustees by writing under their hand.
(4) Where a charging order has been protected by a caveat lodged under the Land Titles Act or by an entry registered under the Registration of Deeds Act, an order under paragraph 8(8) discharging the charging order may direct that the caveat be removed or the entry be cancelled.
10.—(1) Where a foreign confiscation order has been registered in the High Court under section 30, the High Court may, on the application of the Attorney-General, exercise the powers conferred by sub-paragraphs (2) to (7).
(2) In respect of any sum of money payable under the foreign confiscation order, the High Court may make a garnishee order as if the sum were due to the Government in pursuance of a judgment or order of the High Court, but any such order shall direct that the sum payable be paid to the High Court.
(3) The High Court may appoint the Public Trustee or any person as receiver in respect of realisable property.
(4) The High Court may empower the Public Trustee or any receiver appointed under sub-paragraph (3) or paragraph 7 or in pursuance of a charging order —
(a)
to enforce any charge imposed under paragraph 8 on realisable property or on interest or dividends payable in respect of such property; and
(b)
in relation to any realisable property other than property for the time being subject to a charge under paragraph 8, to take possession of the property subject to such conditions or exceptions as may be specified by the Court.
(5) The High Court may order any person having possession of realisable property to give possession of it to the Public Trustee or any receiver.
(6) The High Court may empower the Public Trustee or any receiver to realise any realisable property in such manner as the Court may direct.
(7) The High Court may order any person holding an interest in realisable property to make such payment to the Public Trustee or any receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Schedule as the Court may direct and the Court may, on the payment being made, by order transfer, grant or extinguish any interest in the property.
(8) Sub-paragraphs (5) to (7) shall not apply to property for the time being subject to a charge under paragraph 8.
(9) The High Court shall not in respect of any property exercise the powers conferred by sub-paragraph (4)(a), (6) or (7) unless a reasonable opportunity has been given to persons holding any interest in the property to make representations to the Court.
11.—(1) Subject to sub-paragraph (2), the following sums in the hands of the Public Trustee or any receiver pursuant to paragraph 7 or 10 or in pursuance of a charging order, that is —
(a)
the proceeds of the enforcement of any charge imposed under paragraph 8;
(b)
the proceeds of the realisation, other than by the enforcement of such a charge, of any property under paragraph 7 or 10; and
(c)
any other sums, being property held by the defendant,
shall, after such payments (if any) as the High Court may direct have been made out of those sums, be paid to the Court and applied for the purposes specified in sub-paragraph (2) and in the order so specified.
(2) Where a fixed amount is payable under the foreign confiscation order and after that amount has been fully paid, any other sums remain in the hands of the Public Trustee or receiver, he shall distribute those sums —
(a)
among such of those who held property which has been realised under this Act; and
(b)
in such proportions,
as the High Court may direct after giving a reasonable opportunity for such persons to make representations to the Court.
(3) Any sums remaining after all the payments required to be made under sub-paragraphs (1) and (2) have been made shall be paid into the Consolidated Fund.
12.—(1) This paragraph shall apply to the powers conferred on the High Court by paragraphs 7 to 11 or on the Public Trustee or any receiver pursuant to paragraph 7 or 10 or in pursuance of a charging order.
(2) Subject to sub-paragraphs (3) to (6), the powers shall be exercised with a view to recovering property which is liable to be recovered under a foreign confiscation order registered under section 30 or, as the case may be, with a view to making available for recovery property which may become liable to be recovered under any foreign confiscation order which may be made.
(3) In the case of realisable property held by a person to whom the defendant has, directly or indirectly, made a gift caught by this Schedule, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.
(4) Except in the case of realisable property referred to in sub-paragraph (a) of the definition of “realisable property” in paragraph 1(1), the powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him.
(5) An order may be made or other action taken in respect of a debt owed by the Government.
(6) In exercising those powers, no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the foreign confiscation order.
13.—(1) Where a person who holds realisable property is adjudged bankrupt —
(a)
property for the time being subject to a restraint order made before the order adjudging him bankrupt; and
(b)
any proceeds of property realised by virtue of paragraph 7(7) or 10(6) or (7) for the time being in the hands of the Public Trustee or a receiver pursuant to paragraph 7 or 10,
shall be excluded from the bankrupt’s estate for the purposes of the Bankruptcy Act (Cap. 20).
(2) Where a person has been adjudged bankrupt, the powers conferred on the High Court by paragraphs 7 to 11 or on the Public Trustee or a receiver shall not be exercised in relation to —
(a)
property for the time being comprised in the bankrupt’s estate for the purposes of the Bankruptcy Act;
(b)
property which is not comprised in the bankrupt’s estate by virtue of section 78(2) of the Bankruptcy Act; and
(c)
property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 124(3)(c) of the Bankruptcy Act.
(3) Nothing in the Bankruptcy Act (Cap. 20) shall be taken as restricting, or enabling the restriction of, the exercise of those powers referred to in sub-paragraph (2).
(4) Sub-paragraph (2) shall not affect the enforcement of a charging order —
(a)
made before the order adjudging the person bankrupt; or
(b)
on property which was subject to a restraint order when the order adjudging him bankrupt was made.
(5) Where, in the case of a debtor, an interim receiver stands appointed under section 73 of the Bankruptcy Act and any property of the debtor is subject to a restraint order —
(a)
the powers conferred on the receiver by virtue of that Act shall not apply to property for the time being subject to the restraint order; and
(b)
any such property in the hands of the receiver shall, subject to a lien for any expenses (including his remuneration) properly incurred in respect of the property, be dealt with in such manner as the High Court may direct.
(6) For the purposes of section 127(2) of the Bankruptcy Act, amounts payable under foreign confiscation orders shall be deemed to be debts due to the Government.
14.—(1) Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for its voluntary winding up, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to —
(a)
property for the time being subject to a restraint order made before the relevant time; and
(b)
any proceeds of property realised by virtue of paragraph 7(6) or 10(6) or (7) for the time being in the hands of the Public Trustee or a receiver pursuant to paragraph 7 or 10,
but there shall be payable out of such property any expenses (including the remuneration of the liquidator or provisional liquidator) properly incurred in the winding up in respect of the property.
(2) Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the High Court by paragraphs 7 to 11 or on a receiver so appointed shall not be exercised in relation to any realisable property held by the company in relation to which the functions of the liquidator are exercisable —
(a)
so as to inhibit him from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or
(b)
so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.
(3) Nothing in the Companies Act (Cap. 50) shall be taken as restricting, or enabling the restriction of, the exercise of those powers referred to in sub-paragraph (2).
(4) Sub-paragraph (2) shall not affect the enforcement of a charging order made before the relevant time or on property which was subject to a restraint order at the relevant time.
(5) In this paragraph —
“company” means any company which may be wound up under the Companies Act;
“relevant time” means —
(a)
where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up;
(b)
where such an order has been made and, before the presentation of the petition for the winding up of the company by the High Court, such a resolution has been passed by the company, the time of the passing of the resolution; and
(c)
in any other case where such an order has been made, the time of the making of the order.
15. Where the Public Trustee or a receiver appointed under paragraph 7 or 10 or in pursuance of a charging order takes any action in relation to property which is not realisable property, being action which he would be entitled to take if it were such property, believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property, he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.
16.—(1) If a criminal investigation is begun in a prescribed foreign country against a person for a foreign offence or offences and any of the following circumstances occur, namely:
(a)
no criminal proceedings are instituted against that person;
(b)
criminal proceedings are instituted against that person but do not result in his conviction for any foreign offence; or
(c)
criminal proceedings are instituted against that person and he is convicted of one or more foreign offences, but —
(i)
the conviction or convictions concerned are quashed; or
(ii)
he is granted a pardon in respect of the conviction or convictions concerned,
the High 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 —
(A)
the applicant has suffered loss in consequence of anything done in relation to the property by, or in pursuance of an order of, the High Court under paragraph 7, 8 or 10; and
(B)
having regard to all the circumstances, the High Court considers it appropriate to make such an order.
(2) The High Court shall not order compensation to be paid under sub-paragraph (1) unless it is satisfied that there has been some serious default on the part of any person concerned in the criminal investigation or prosecution of the offence or offences concerned.
(3) The High Court shall not order compensation to be paid under sub-paragraph (1) in any case where it appears to the Court that the criminal investigation would have been continued, or the criminal proceedings would have been instituted or continued, as the case may be, if the serious default had not occurred.
Part III
Enforcement of Instrumentality Forfeiture Orders
17.—(1) The High Court may in accordance with this paragraph make a restraint order to prohibit any person, subject to such conditions and exceptions as may be specified in the order, from dealing with any property in respect of which an instrumentality forfeiture order has been made, or in respect of which such an order could be made in the judicial proceedings referred to in sub-paragraph (2) or (3).
(2) A restraint order may be made where —
(a)
judicial proceedings have been instituted in a prescribed foreign country;
(b)
the proceedings have not been concluded; and
(c)
either an instrumentality forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for believing that such an order may be made in them.
(3) A restraint order may also be made where the High Court is satisfied that judicial proceedings are to be instituted in a prescribed foreign country and that there are reasonable grounds for believing that an instrumentality forfeiture order may be made in them.
(4) Where the High Court has made a restraint order by virtue of sub-paragraph (3), the Court shall discharge the order if the proposed judicial proceedings are not instituted within such time as the Court considers reasonable and which shall not in any event exceed a period of 3 months.
(5) A restraint order —
(a)
may be made only on an application by the Attorney-General;
(b)
may be made on an ex parte application to a Judge in chambers; and
(c)
notwithstanding anything in Order 11 of the Rules of Court, may provide for service on, or the provision of notice to, persons affected by the order in such a manner as the High Court may direct.
(6) A restraint order —
(a)
may be discharged or varied in relation to any property; and
(b)
shall be discharged when judicial proceedings in relation to which the order was made are concluded.
(7) Where the High Court has made a restraint order, the Court may at any time appoint the Public Trustee or any person as receiver (referred to in this Part as a receiver) —
(a)
to take possession of any property specified in the order; and
(b)
in accordance with the directions of the Court, to manage or otherwise deal with any property in respect of which he is appointed,
subject to such exceptions and conditions as may be specified by the Court.
(8) The High Court may require any person having possession of property in respect of which a receiver is appointed under sub-paragraph (7) to give possession of it to the receiver.
(9) Where the High Court has made a restraint order, an authorised officer may, for the purpose of preventing any property specified in the restraint order being removed from Singapore, seize the property.
(10) Property seized under sub-paragraph (9) shall be dealt with in accordance with the directions of the High Court.
18.—(1) Where an instrumentality forfeiture order has been registered under section 30, the High Court may, on the application of the Attorney-General, order the forfeiture of the property specified in the instrumentality forfeiture order.
(2) Property forfeited under sub-paragraph (1) shall be disposed of in accordance with the High Court’s directions.
(3) The High Court shall not in respect of any property exercise the powers conferred by sub-paragraphs (1) and (2) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the Court.
19.—(1) This paragraph shall apply to the powers conferred on the High Court by this paragraph and paragraph 18 or on the Public Trustee or person appointed as receiver under paragraph 17.
(2) The powers shall be exercised with a view to recovering property which is liable to be recovered under an instrumentality forfeiture order registered under section 30 or, as the case may be, with a view to recovering property which may become liable to be recovered under any instrumentality forfeiture order which may be made.
20. Where a receiver appointed under paragraph 17 takes any action in relation to property which is not liable to recovery under an instrumentality forfeiture order, being action which he would be entitled to take if it were such property, believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property, he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.
21.—(1) If a criminal investigation is begun in a prescribed foreign country against a person for a foreign drug offence or offences and any of the following circumstances occur, namely:
(a)
no criminal proceedings are instituted against that person;
(b)
criminal proceedings are instituted against that person but do not result in his conviction for any foreign drug offence; or
(c)
criminal proceedings are instituted against that person and he is convicted of one or more foreign drug offences, but —
(i)
the conviction or convictions concerned are quashed; or
(ii)
he is granted a pardon in respect of the conviction or convictions concerned,
the High Court may, on application by a person who held property and who has suffered loss in consequence of anything done in relation to that property in pursuance of an order under paragraph 18, 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 an order.
(2) The High Court shall not order compensation to be paid under sub-paragraph (1) unless it is satisfied that there has been some serious default on the part of any person concerned in the criminal investigation or prosecution of the offence or offences concerned.
(3) The High Court shall not order compensation to be paid under sub-paragraph (1) in any case where it appears to the Court that the criminal investigation would have been continued, or the criminal proceedings would have been instituted or continued, as the case may be, if the serious default had not occurred.