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Proceeds of Crime Act 2002
78Application for compensation orders
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#### 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.