78Application for compensation orders

78 Application for compensation orders

Before a forfeiture order has been made (1) A person may apply to a court for a *compensation order if an application for a *forfeiture order that could specify property in which the person claims an *interest has been made to the court, but the forfeiture order is yet to be made. After a forfeiture order has been made (2) A person who claims an *interest in property specified in a *forfeiture order may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for a *compensation order. (3) However, unless the court gives leave, the person cannot apply under subsection (2) if he or she: (a) was notified of the application for the *forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made; or (b) appeared at the hearing of the application for the forfeiture order. (4) The court may give the person leave to apply under subsection (2) if the court is satisfied that: (a) if paragraph (3)(a) applies—the person had a good reason for not making an application under subsection (1) before the *forfeiture order was made; or (b) in either case: (i) the person now has evidence relevant to the making of the *compensation order that was not available to the person at the time the forfeiture order was made; or (ii) there are other special grounds for granting the leave.