95Assessment of compensation

95 Assessment of compensation

(1)  In making a compensation order, the court may assess the amount of compensation in such manner as it considers appropriate, including (for example) the estimated cost of remedying the damage.

(2)  In assessing the amount of compensation, the court may take into account such matters as it considers relevant, including –

(a) any evidence adduced in connection with the prosecution of the offence; and

(b) any evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the proposed order; and

(c) any certificate of the rail or road authority stating that it maintains the rail or road infrastructure concerned; and

(d) any other certificate of the rail or road authority, such as a certificate –

(i) estimating the monetary value of all or any part of the rail or road infrastructure or of the damage to it; or

(ii) estimating the cost of remedying the damage; or

(iii) estimating the extent of the offender’s contribution to the damage.