FIRST SCHEDULE—continued
- (c) in any other case where such an order has been made, the time of the making of the order.
Receivers: supplementary provisions
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.
Compensation
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.
