Compensation & Forfeiture
There is provision for compensation orders against convicted persons. Where a person is convicted of an offence, the court, instead of or in addition to dealing with him in any other way, may make an order, compensation order requiring him to pay compensation for personal injury, loss, or damage resulting from the offence or any other offence taken into consideration in determining sentencing. He may be required to make payments for funeral expenses or bereavements in connection with a death.
Compensation orders are of such an amount as the court considers appropriate, having regard to any evidence and representations made on behalf of the offender or the prosecution.
Where stolen property is recovered, damage to the property occurring while it is out of the owner’s possession is treated as having resulted from the offence.
A compensation order may only be made in respect of injury, loss, or damage, which was due to an accident arising out of the presence of a motor vehicle if it resulted from an offence under theft or joyriding or in respect of injury, loss, or damage in relation to which the offender is uninsured in relation to the use of the vehicle and compensation is not payable under arrangements to which the department of the environment is a party. Where a compensation order is made in respect of injury, loss, or damage due to such an accident, the amount to be paid may include an amount representing the whole or any part of a loss and preferential rates and influence attributable to the accident.
In determining whether to make a compensation order against an individual and determining the amount, the court shall have regard to his means insofar as they are known to the court. Where it is proposed to make both a confiscation order and a compensation order under the proceeds of crime legislation, the court shall have regard to his duty under that legislation in relation to sufficiency of means.
Where the court considers it will be appropriate to both impose a fine and make a compensation order but that the offender has insufficient means to pay both appropriate compensation and an appropriate fine, the court shall give preference to compensation, although it may impose a fine as well.
The compensation to be paid under the compensation order in the magistrate’s court shall not exceed £5000 or, if the person is under 18, £1000. The total compensation to be paid under the order, in a magistrate’s court in respect of offences taken into consideration shall not exceed the difference between the amount or the total amount, which is the maximum for the offence or offences for which the offender has been convicted and the amount ordered to be paid in respect of those offences.
Compensation orders are enforceable in the same way as other sums adjudged to be paid upon conviction.
A person in whose favour a compensation order is made shall not be entitled to receive the amount until there is no further possibility of appeal. A compensation order is to cease if a person successfully appeals against his conviction for the offence or all of the offences for which he was convicted. A person may appeal against a compensation order as if it is part of the sentence imposed in respect of the offence.
Compensation orders may be reviewed if the person’s means are insufficient to satisfy both the order and a confiscation order or the person against whom the order was made has suffered a substantial reduction in means that was unexpected at the time the compensation order was made and his means seem unlikely to increase for a considerable period.
Damages in civil proceedings shall be assessed without regard to the order or award. The plaintiff may only recover an amount equal to the aggregate of any amount by which the damages exceed the compensation and a sum equal to the proportion of the compensation which he fails to recover. He may not enforce judgment as far as it relates to the sum, part of compensation he fails to recover without leave of court.
Where a person is convicted of an offence, and the court before which he is convicted is satisfied that any property which has been lawfully seized or is under his control at the time when he was apprehended has been used for the purpose of committing or facilitating the commission of the offence or was so intended for use by him or an offence to which the court has taken into consideration in determining sentence consists of unlawful possession of properties which has been lawfully seized and was in his possession at the time he was apprehended, the court may make an order in respect of that property.
It may do so, whether or not it deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any legislation. The court shall have regard to the value of the property, the likely financial and other effects on the offender of making the order.
There is provision in respect of forfeiture of motor vehicles in the case of serious road traffic offences involving imprisonment. The offence of manslaughter and wanton and furious driving.
Where a court makes an order in respect of forfeiture of property, it may order that any proceeds which arise from a disposal which do not exceed a specified amount by the court and where a person who has suffered a personal injury, loss, or damage, as a result of the offence.
The court may only make an order if it is satisfied that but for the inadequacy of the means of the offender, it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the specified sum.