Section 60: Compensation Order

60. Compensation Order (1) The Court may, on application to it, make a Compensation Order where, in its opinion, it would be in the interests of justice, to do so and— (a) a Restriction Order had been made; or (b) an application for a Recovery Order was not granted and the Restriction Order was revoked; and (c) the applicant suffered a loss as a result of the operation of the Restriction Order. (2) The Court may, if it is of opinion that to do so would be in the interests of justice, make a Compensation Order on application by a person where— (a) a Recovery Order relating to an instrumentality was made that affects property in which the person had an interest before the making of the Order; or (b) in the opinion of the Court, the value of the person’s recovered interest in the property is disproportionate to its value to the offence in question; and (c) the person suffered a loss as a result of the operation of the Recovery Order. (3) The Court may make a Compensation Order on application made to it where— (a) a Restraining Order was made; (b) an application for a Confiscation Order was not granted or was withdrawn and the Restraining Order was revoked, or an application for such a Confiscation Order was never made because the defendant was acquitted; or (c) there was a serious default consisting of gross negligence or intentional misconduct on the part of a person involved in an Investigation or prosecution and the Investigation would not have continued or the proceedings would not have started or continued, had the default not occurred; and (d) the person suffered a loss as a result of the operation of the Restraining Order or the default. [Issue 8] A23A – 36 Revised Laws of Mauritius (4) The amount of compensation to be paid under this section shall be the amount which the Court thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (5) An application under this section shall be made not later than 6 months after the date of the Restraining or Restriction Order or of the default and notice of the application shall be given to the Enforcement Authority.