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Criminal Justice Act 1988

Criminal Justice Act 1988 Sch 5 para 12

Sch 5 para 12

In section 19 (compensation)— (a) in paragraph (b)(i) of subsection (1), the words “(and no conviction for any drug trafficking offence is substituted)" shall cease to have effect; (b) at the end of that subsection there shall be added the words “if, having regard to all the circumstances, it considers it appropriate to make such an order"; (c) in subsection (2)— (i) the words “and that, but for that default, the proceedings would not have been instituted or continued,"; and (ii) in paragraph (b), the word “substantial", shall cease to have effect; and (d) the following subsection shall be inserted after that subsection— (2A) 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 if the serious default had not occurred.

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