Page 643 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 265

under subsection (2), the applicant has suffered loss as a result of
the detention of the cash and that the circumstances are exceptional,
the High Bailiff may order compensation (or additional
compensation) to be paid to the applicant.

(5) The amount of compensation to be paid under
subsection (4) is the amount the High Bailiff thinks reasonable,
having regard to the loss suffered and any other relevant
circumstances.

(6) Compensation is to be a charge on and paid out of the
General Revenue of the Island.

(7) If a forfeiture order is made in respect only of a part of
any cash detained under this Chapter, this section has effect in
relation to the other part.

55. (1) In this Chapter, the minimum amount is the amount in “The minimum
sterling specified in an order made by the Department of Home amount”
Affairs. P2002/29/303

(2) For that purpose the amount of any cash held in a
currency other than sterling must be taken to be its sterling
equivalent, calculated in accordance with the prevailing rate of
exchange.

Chapter 4

General

Recoverable property

56. (1) Property obtained through unlawful conduct is Property
recoverable property. obtained
through
unlawful
(2) But if property obtained through unlawful conduct has conduct
been disposed of (since it was so obtained), it is recoverable P2002/29/304
property only if it is held by a person into whose hands it may be
followed.

(3) Recoverable property obtained through unlawful
conduct may be followed into the hands of a person obtaining it
on a disposal by —

(a) the person who through the conduct obtained the
property; or

(b) a person into whose hands it may (by virtue of this
subsection) be followed.