Criminal Justice Act, 1993

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Compensation order.

6.—(1) Subject to the provisions of this section, on conviction of any person of an offence, the court, instead of or in addition to dealing with him in any other way, may, unless it sees reason to the contrary, make (on application or otherwise) an order (in this Act referred to as a “compensation order”) requiring him to pay compensation in respect of any personal injury or loss resulting from that offence (or any other offence that is taken into consideration by the court in determining sentence) to any person (in this Act referred to as the “injured party”) who has suffered such injury or loss.

(2) The compensation payable under a compensation order (including a compensation order made against a parent or guardian of the convicted person and notwithstanding, in such a case, any other statutory limitation as to amount) shall be of such amount (not exceeding, in the case of such an order made by the District Court, such amount as may stand prescribed for the time being by law as the limit of that Court's jurisdiction in tort) as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the convicted person, the injured party or the prosecutor, and shall not exceed the amount of the damages that, in the opinion of the court, the injured party would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned.

(3) Where the commission of the offence by the convicted person involved the taking of property out of the possession of the injured party and the property has been recovered, any loss occurring to the injured party by reason of the property being damaged while out of his possession shall be treated for the purposes of subsection (1) as having resulted from the offence, irrespective of how the damage was caused or who caused it.

(4) A compensation order shall not be made in respect of an injury or loss that results from the use of a mechanically propelled vehicle (within the meaning of the Road Traffic Act, 1961 ) in a public place unless it appears to the court that—

(a) it is in respect of an injury or loss as respects which the use of the vehicle by the convicted person was in breach of section 56 (which provides for the compulsory insurance of mechanically propelled vehicles) of that Act, or

(b) it is in respect of a loss which is treated by subsection (3) as having resulted from the offence,

and, where a compensation order is made in respect of injury or loss resulting from such use, the amount of the compensation may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance resulting from such use.

(5) In determining whether to make a compensation order against a person, and in determining the amount of the compensation, the court shall have regard—

(a) to his means, or

(b) in a case to which section 99 of the Children Act, 1908 (which empowers a court to require a parent or guardian to pay any fine, damages or costs imposed on or awarded against a child or young person), applies, to the means of the parent or guardian,

so far as they appear or are known to the court and for that purpose the court may require the convicted person or his parent or guardian, as the case may be, to give evidence as to his means and financial commitments.

(6) A compensation order may provide for payment of the compensation by such instalments and at such times as the court shall in all the circumstances consider reasonable.

(7) Where the court considers—

(a) that it would be appropriate both to impose a fine and to make a compensation order, but

(b) that the convicted person has insufficient means to pay both an appropriate fine and appropriate compensation, the court may, if it is satisfied that the means are sufficient to justify its doing so, make a compensation order and, if it is satisfied that it is appropriate to do so having regard to the means that would remain after compliance with the order, impose a fine.

(8) At any time after a compensation order has ceased to be suspended by virtue of section 8 and before it has been complied with or fully complied with, the District Court (or, where the amount payable under the order exceeds such amount as may stand prescribed for the time being by law as the limit of that Court's jurisdiction in tort, the court which made the order) may—

(a) on the application of the convicted person concerned and on being satisfied that the injured party concerned has been given an opportunity of making representations to the Court on the issue and having regard to any such representations that are made by him or on his behalf, reduce the amount remaining to be paid, vary any instalment payable, or direct that no payments or further payments be made, under the order if it appears to the Court that, because of a substantial reduction in the means of the convicted person, his means are insufficient to satisfy the order in full, or

(b) on the application of the injured party concerned and on being satisfied that the convicted person concerned has been given an opportunity of making representations to the Court on the issue and having regard to any such representations that are made by him or on his behalf, increase the amount to be paid, the amount of any instalment or the number of instalments payable, under the order if it appears to the Court that—

(i) because of a substantial increase in the means of the convicted person, his means are sufficient for the relevant purposes aforesaid, and

(ii) any increased amount to be paid under the order would not exceed—

(I) the amount of the damages that the injured party concerned would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned, or

(II) such amount as may stand prescribed for the time being by law as the limit of the Court's jurisdiction in tort,

whichever is the lesser.

(9) The references to damages in the aforesaid section 99 shall be construed as if they included references to compensation under a compensation order and subsections (5) and (6) of that section shall not apply in relation to a compensation order.

(10) This section is without prejudice to any other enactment which provides for the payment of compensation by a person convicted of an offence or otherwise proved to have committed an offence.

(11) The making of a compensation order against a parent or guardian of a convicted person shall not of itself give rise to any other liability on the part of the parent or guardian in respect of the injury or loss.

(12) In this section—

(a) in a case where death has resulted from an offence specified in subsection (1)—

“loss” means any matter (including mental distress resulting from the death and funeral expenses) for which damages could be awarded in respect of the death by virtue of Part V of the Civil Liability Act, 1961 ,

“injured party” includes a dependant (within the meaning of the said Part V) of the deceased person concerned,

(b) references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907 , and

(c) the third reference in subsection (1), the second reference in subsection (2) and the references in subsections (7) (b) and (8) (other than paragraph (b) (ii)) to a convicted person, however expressed, include, in a case to which the aforesaid section 99 applies, references to his parent or guardian.

(13) In assessing for the purposes of this section the means of a person, the court shall take into account his financial commitments.