(1) Where proceedings are instituted against a person for an offence to which this Act applies and—
(a) the proceedings do not result in his or her conviction for an offence, or
(b) where he or she is convicted of one or more offences—
(i) the conviction is quashed, or
(ii) he or she is pardoned in respect of the conviction,
the Court may, subject to this section, on an application by a person who held property which was realizable property, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to make a compensation order.
(2) The Court shall not order compensation to be paid in any case unless the Court is satisfied—
(a) that there has been some serious default on the part of a person in the investigation or prosecution of the offence; and
(b) that the applicant has suffered loss in consequence of anything done in relation to the property under an order under this Act.
(3) The Court shall not order compensation to be paid in any case where it appears to the Court that the proceedings would have been instituted or continued even if the serious default had not occurred.
(4) The amount of compensation to be paid under this section is an amount the Court thinks just in all the circumstances of the case.
(Inserted by Act 18 of 2023)