Part 4CGeneral compensation orders

Part 4C—General compensation orders 163ZC—Compensation orders for damage to road infrastructure (1) A court that finds a person guilty of an offence may make an order (a compensation order) requiring the offender to pay a road authority such amount by way of compensation as the court thinks fit for damage to any road infrastructure that the road authority has incurred or is likely to incur in consequence of the offence. (2) A compensation order may be made on the application of the prosecutor or the road authority. (3) A compensation order may only be made in favour of the road authority. (4) The court may make a compensation order if it is satisfied on the balance of probabilities that the commission of the offence caused or contributed to the damage. (5) The court may make a compensation order— (a) when it finds the offender guilty of the offence; or (b) on an application made not later than the period within which a prosecution for the offence could have been commenced. 163ZD—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 road authority stating that the road authority maintains the road concerned; and (d) any other certificate of the road authority, such as a certificate— (i) estimating the monetary value of all or any part of the 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. 163ZE—Service of certificates (1) If a road authority proposes to use a certificate referred to in section 163ZD in proceedings, the road authority must serve a copy of the certificate on the defendant at least 28 working days before the day on which the matter is set down for hearing. (2) Such a certificate cannot be used in the proceedings unless a copy of the certificate has been served in accordance with this section. (3) A defendant who wishes to challenge a statement in such a certificate must serve a notice in writing on the road authority at least 14 working days before the day on which the matter is set down for hearing. (4) The notice of intention must specify the matters in the certificate that are intended to be challenged. (5) If the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate, the defendant must specify the reason why the defendant alleges that it is inaccurate and must specify the measurement, analysis or reading that the defendant considers to be correct. (6) The defendant cannot challenge any matter in the certificate if the requirements of this section have not been complied with in relation to the certificate, unless the court gives leave to do so in the interests of justice. 163ZF—Limits on amount of compensation (1) If, in making a compensation order, the court is satisfied that the commission of the offence concerned contributed to the damage but that other factors not connected with the commission of the offence also contributed to the damage, the court must limit the amount of the compensation payable by the offender to the amount it assesses as being the offender's contribution to the damage. (2) The maximum amount of compensation cannot exceed the monetary jurisdictional limit of the court in civil proceedings. (3) The court may not include in the order any amount for— (a) personal injury or death; or (b) loss of income (whether sustained by a road authority or any other person or organisation); or (c) damage to any property (including a vehicle) that is not part of the road infrastructure. 163ZG—Costs The court has the same power to award costs in relation to the proceedings for a compensation order as it has in relation to civil proceedings, and the relevant provisions of laws applying to costs in relation to civil proceedings apply with any necessary adaptations to costs in relation to the proceedings for the compensation order. 163ZH—Relationship with orders or awards of other courts and tribunals (1) A compensation order may not be made if another court or tribunal has awarded compensatory damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, and if a court purports to make an order under this Part in those circumstances— (a) the order is void to the extent that it covers the same matters as those covered by the other award; and (b) any payments made under the order to the extent to which it is void must be repaid by the road authority. (2) The making of a compensation order does not prevent another court or tribunal from afterwards awarding damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, but the court or tribunal must take the order into account when awarding damages or compensation.