Date-stamp loading
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 7 October 2013 - onwards
  Version 5 of 5    

139. Serious default

(1) If the following three conditions are satisfied the court may order the payment of such compensation as it thinks is just.

(2) The first condition is satisfied if a criminal investigation has been instituted with regard to an offence and proceedings are not instituted for the offence.

(3) The first condition is also satisfied if proceedings for an offence are instituted against a person and -

(a) they do not result in his conviction for the offence, or

(b) he is convicted of the offence but the conviction is quashed or he is pardoned in respect of it.

(4) If subsection (2) applies the second condition is that -

(a) in the criminal investigation there has been a serious default by a person mentioned in subsection (9), and

(b) the investigation would not have continued if the default had not occurred.

(5) If subsection (3) applies the second condition is that -

(a) in the criminal investigation with regard to the offence or in its prosecution there has been a serious default by a per

Comparing proposed amendment...