Compensation orders in criminal cases

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Compensation orders in criminal cases
  • What is a compensation order?
  • Making a compensation order
  • Relevance of means
  • Priority over fines and confiscation
  • Fines
  • Confiscation orders
  • Compensation in road accident cases
  • Compensation for loss arising from death
  • Compensation for damage and clean up costs
  • More...

Compensation orders in criminal cases

The procedural rules relating to the criminal courts’ powers to make compensation orders are contained in sections 133 to 146 of the Sentencing Act 2020 (SA 2020) (also known as the Sentencing Code). For information on the introduction and applicability of SA 2020, see Practice Note: Sentencing Code.

What is a compensation order?

A compensation order is an order which requires the offender to pay compensation for any personal injury, loss or damage resulting from the offence or any other offence which is taken into consideration by the court in determining the sentence for the offence. It also includes any order requiring an offender to make a payment for funeral expenses or bereavement for a death which resulted from any such offence. Compensations orders can be made by any criminal court when sentencing an offender (although there are provisions relating to road traffic offenders where restrictions on this power may apply, see below).

An order can be made to compensate for terror and distress directly occasioned by the offence.

In special circumstances, the court may consider awarding interest on the compensation.

The existence of a civil liability is not a condition precedent to the making of a valid compensation order.

Where a civil remedy exists, however, it is inappropriate to award greater compensation than would be recoverable in civil proceedings.

Making a compensation order

When determining whether to make

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