Compensation orders |
|
Circumstance | Approach |
Global compensation orders | The court should not fix a global compensation figure unless the offences were committed against the same victim. Where there are competing claims for limited funds, the total compensation available should normally be apportioned on a pro rata basis. |
The court may combine a compensation order with any other form of order (Section 134 of the Sentencing Code). |
|
Compensation orders and fines | Priority is given to the imposition of a compensation order over a fine (section 135(4) of the Sentencing Code). This does not affect sentences other than fines. This means that the fine should be reduced or, if necessary, dispensed with altogether, to enable the compensation to be paid. |
Compensation orders and confiscation orders | A compensation order can be combined with a confiscation order where the amount that may be realised is sufficient. If such an order is made, priority should be given to compensation (Section 135 of the Sentencing Code). |
Compensation orders and community orders | A compensation order can be combined with a community order. |
Compensation orders and suspended sentence orders | A compensation order can be combined with a suspended sentence order. |
Compensation orders and custody | A compensation order can be combined with a sentence of immediate custody where the offender is clearly able to pay or has good prospects of employment on release from custody. |