Part 6Restitution and compensation

Part 6—Restitution and compensation Division 1—Restitution and compensation generally 123—Restitution of property (1) If the offence of which the defendant has been found guilty, or any other offence that is to be taken into account by the court in determining sentence, involves the misappropriation of property, the court may order the defendant, or any other person in possession of the property, to restore the property to a person who appears to be entitled to possession of the property. (2) An order under subsection (1) does not prejudice a person's title to the property. 124—Compensation (1) Subject to this section, a court may make an order requiring a defendant to pay compensation for injury, loss or damage resulting from the offence of which the defendant has been found guilty or for any offence taken into account by the court in determining sentence for that offence. (2) An order for compensation may be made under this section— (a) either on application by the prosecutor or on the court's own initiative; and (b) instead of, or in addition to, dealing with the defendant in any other way. (3) If— (a) a court finds a defendant guilty of an offence, or takes an offence into account in determining sentence; and (b) the circumstances of the offence are such as to suggest that a right to compensation has arisen, or may have arisen, under this section, the court must, if it does not make an order for compensation, give its reasons for not doing so. (4) Compensation under this section will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the defendant. (5) If property of which a person was dispossessed as a result of the offence is recovered, any damage to the property while it was out of the person's possession is to be treated for the purposes of this section as having resulted from the offence. (6) The power of a court to award compensation under this section is subject to the following qualifications: (a) no compensation may be awarded for injury, loss or damage caused by, or arising out of the use of, a motor vehicle except damage to property; (b) no compensation may be awarded against an employer in favour of an employee or former employee if— (i) the offence arises from breach of a statutory duty related to employment; and (ii) the injury, loss or damage is compensable under the Return to Work Act 2014. (7) Compensation may be ordered under this section in relation to an offence despite the fact that compensation may be ordered under some other statutory provision that relates more specifically to the offence or proceedings in respect of the offence. (8) The amount paid to a person pursuant to an order under this section for compensation for injury, loss or damage must be taken into consideration by a court or any other body in awarding compensation for that injury, loss or damage under any other Act or law. 125—Certificate for victims of identity theft (1) A court that finds a person guilty of an offence involving— (a) the assumption of another person's identity; or (b) the use of another person's personal identification information, may, on application by a victim of the offence, issue a certificate of a kind that may be issued under Part 4 Division 6 of the Criminal Procedure Act 1921. personal identification information has the same meaning as in Part 5A of the Criminal Law Consolidation Act 1935; victim means a person whose identity has been assumed, or personal identification information has been used, without the person's consent, in connection with the commission of the offence. Division 2—Enforcement of restitution orders 126—Non‑compliance with order for restitution of property (1) If— (a) an order is made under section 123 requiring property to be restored to a person; and (b) the order is not complied with, the person may request an authorised officer to take action under this section for enforcement of the order. (2) On receiving a request under this section in relation to an order requiring the restitution of property, an authorised officer may— (a) enter any land (using such force as may be necessary) on which the officer reasonably suspects the property is situated and seize and remove the property; or (b) cause the property to be valued (in such manner as the officer thinks fit) and make an order requiring the defendant to pay to the person an amount equal to the value of the property. (3) In exercising powers under subsection (2)(a), an authorised officer may be assisted by such other persons (including a member of the police force) as the officer considers necessary in the circumstances. (4) An authorised officer who makes an order under subsection (2)(b) must cause a copy of the order to be served on the defendant personally or by post. (5) An order under subsection (2)(b)— (a) may be made in the absence of, and without prior notice to, the defendant; and (b) may be varied or cancelled by an authorised officer in such circumstances as the officer considers just; and (c) is enforceable as a pecuniary sum. (6) The prescribed fees for issuing, serving and executing an order under subsection (2)(b) are payable in addition to the amount specified in the order as the value of the relevant property and form part of the amount payable under the order. authorised officer means the sheriff or a person authorised in writing by the sheriff for the purposes of this section; defendant, in relation to property, means the defendant in the proceedings in which the order requiring restitution of the property was made.