86Compensation order

86 Compensation order

S. 86(1) amended by Nos 81/1996 s. 74(1)(a)(i)(ii), 54/2000 s. 22(2)(a)(i)(ii), substituted by No. 49/2012 s. 7(1).

(1) If a court finds a person guilty of, or convicts a person of, an offence it may order the offender to pay to a person who has suffered loss or destruction of, or damage to, property as a result of the offence any compensation (not exceeding the value of the property lost, destroyed or damaged) that the court thinks fit.

S. 86(1A) inserted by No. 49/2012 s. 7(1).

(1A) An order under subsection (1) may be made—

(a) on the application of a person suffering loss or destruction of, or damage to, property as a result of the offence; or

(b) subject to subsection (1B)—on the court's own motion.

S. 86(1B) inserted by No. 49/2012 s. 7(1).

(1B) A court may only make an order under subsection (1) on its own motion if—

(a) the person in whose favour the order is to be made does not oppose the order being made; and

(b) the court has given the offender the opportunity to be heard in respect of the order.

(2) If a court decides to make an order under subsection (1) it may in determining the amount and method of payment of the compensation take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that its payment will impose.

(3) A court is not prevented from making an order under subsection (1) only because it has been unable to find out the financial circumstances of the offender.

(4) In making an order under subsection (1) the court may direct that the compensation be paid by instalments and that in default of payment of any one instalment the whole of the compensation remaining unpaid shall become due and payable.

S. 86(5) amended by No. 49/2012 s. 7(2)(a).

(5) An application under subsection (1A)(a)—

S. 86(5)(a) amended by Nos 81/1996 s. 74(1)(b), 54/2000 s. 22(2)(b), 49/2012 s. 7(2)(b).

(a) must be made as soon as practicable after the offender is found guilty, or convicted, of the offence; and

S. 86(5)(b) amended by No. 49/2012 s. 7(2)(c)(i).

(b) may be made—

S. 86(5)(b)(i) amended by No. 49/2012 s. 7(2)(c)(ii).

(i) by the person seeking compensation; or

S. 86(5)(b)(ii) amended by No. 69/1997 s. 10(a)–(c).

(ii) on that person's behalf by the Director of Public Prosecutions or (if the sentencing court was the Magistrates' Court) the informant or police prosecutor.

(6) Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person.