(1) If no forfeiture order is made in respect of a substance retained under this Part, the person to whom it belongs may make an application to a magistrates' court for compensation.

(2) If the court is satisfied that the applicant has suffered loss as a result of the retention of the substance, the court may order compensation to be paid to the applicant.

(3) Subject to subsection (4), the amount of compensation to be paid is the relevant proportion of the value of the substance.

For these purposes -

(a) the "relevant proportion" is whatever proportion (not exceeding 100%) the court thinks is reasonable;

(b) the "value" of the substance is the amount that it would cost the applicant to acquire the substance at the time when the court makes the order.

(4) If the court thinks that, by reason of exceptional circumstances, the value of the substance would not be adequate compensation, it may order payment of whatever larger amount it thinks reasonable.

(5) The fund from which, or person by whom, the compensation is to be paid depends on the person by whom the substance was seized, as follows -