Who may claim compensation from the State for a detention as a suspect, and which detentions fall outside that claim?
General information · Not legal advice
Material to check
This is practice material, not a real case. The papers to read are the non-prosecution disposition issued by the prosecutor or the decision not to refer issued by the judicial police officer, the detention record showing the date custody began, and any copy showing whether that disposition is final and under which provision it was made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the conditions together: a person who was a suspect and was detained may claim from the State compensation for that detention, where a prosecutor has issued a non-prosecution disposition or a judicial police officer a decision not to refer, unless the ground for that disposition arose after the detention, or the disposition is not final, or it is one made under the Criminal Procedure Act provision the text names.
Another reading stresses that the exclusion turns on when the ground for the disposition arose: the provision bars the claim only where that reason is one that came about after the person was already detained, so the sequence of custody and ground is what the text turns on, and the provision does not say how that sequence is to be evidenced.
Your judgment
Where the file does not date the ground for the disposition, how can the order of custody and ground be established at all?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may claim or the exceptions in the proviso, or if a decision explains when a ground for non-prosecution or non-referral is treated as having arisen after the detention began.