sec.235Restitution, compensation

### sec.235 Restitution, compensation In this section— offence affected property includes— property in relation to which the offence was committed; or property affected in the course of, or in connection with, the commission of the offence, for example, property of a victim of an offence committed against the victim’s person. If a child is found guilty before a court of an offence relating to property or against the person of another, the court may in addition to making a sentence order against the child, make 1 or more of the following orders— an order that the child make restitution of offence affected property; an order that the child pay compensation (not more than an amount equal to 20 penalty units) for loss caused to offence affected property; an order that the child pay compensation for injury suffered by another person (whether the victim against whose person the offence was committed or another) because of the commission of the offence. An order under this section requiring a child to pay an amount by way of compensation or making restitution must direct— that the amount must be paid by a time specified in the order or by instalments specified in the order; and that the amount must be paid in the first instance to the proper officer of the court. An order under this section may include a direction the court considers necessary or convenient for the order, for example the way in which restitution of property is to be carried out. A court may make an order requiring a child to pay an amount under this section only if the court is satisfied that the child has the capacity to pay the amount. s 235 prev s 235 ins 1996 No. 22 s 86 exp 31 December 1996 (see s 235(4)(b)) AIA s 20A applies (see s 235(4)(c)) pres s 235 amd 2003 No. 57 s 39 (1) – (2) sch 3 (sec.235-ssec.1) In this section— offence affected property includes— property in relation to which the offence was committed; or property affected in the course of, or in connection with, the commission of the offence, for example, property of a victim of an offence committed against the victim’s person. (sec.235-ssec.2) If a child is found guilty before a court of an offence relating to property or against the person of another, the court may in addition to making a sentence order against the child, make 1 or more of the following orders— an order that the child make restitution of offence affected property; an order that the child pay compensation (not more than an amount equal to 20 penalty units) for loss caused to offence affected property; an order that the child pay compensation for injury suffered by another person (whether the victim against whose person the offence was committed or another) because of the commission of the offence. (sec.235-ssec.3) An order under this section requiring a child to pay an amount by way of compensation or making restitution must direct— that the amount must be paid by a time specified in the order or by instalments specified in the order; and that the amount must be paid in the first instance to the proper officer of the court. (sec.235-ssec.4) An order under this section may include a direction the court considers necessary or convenient for the order, for example the way in which restitution of property is to be carried out. (sec.235-ssec.5) A court may make an order requiring a child to pay an amount under this section only if the court is satisfied that the child has the capacity to pay the amount. - (a) property in relation to which the offence was committed; or - (b) property affected in the course of, or in connection with, the commission of the offence, for example, property of a victim of an offence committed against the victim’s person. - (a) an order that the child make restitution of offence affected property; - (b) an order that the child pay compensation (not more than an amount equal to 20 penalty units) for loss caused to offence affected property; - (c) an order that the child pay compensation for injury suffered by another person (whether the victim against whose person the offence was committed or another) because of the commission of the offence. - (a) that the amount must be paid by a time specified in the order or by instalments specified in the order; and - (b) that the amount must be paid in the first instance to the proper officer of the court.