Powers of Criminal Courts Act 1973 (repealed)

35 Compensation orders against convicted persons. E+W

[F1 (1) Subject to the provisions of this Part of this Act and to section 40 of the Magistrates’ Courts Act 1980 (which imposes a monetary limit on the powers of a magistrates’ court under this section), a court by or before which a person is convicted of an offence, instead of or in addition to dealing with him in any other way, may, on application or otherwise, make an order (in this Act referred to as “a compensation order") requiring him to pay compensation for any personal injury, loss or damage resulting from that offence or any other offence which is taken into consideration by the court in determining sentence [F2 or to make payments for funeral expenses or bereavement in respect of a death resulting from any such offence, other than a death due to an accident arising out of the presence of a motor vehicle on a road; and a court shall give reasons, on passing sentence, if it does not make such an order in a case where this section empowers it to do so].

(1A) Compensation under subsection (1) above shall be of such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the accused or the prosecutor.]

(2) In the case of an offence under the M1 Theft Act 1968, where the property in question is recovered, any damage to the property occurring while it was out of the owner’s possession shall be treated for the purposes of subsection (1) above as having resulted from the offence, however and by whomsoever the damage was caused.

[F3 (3) A compensation order may only be made in respect of injury, loss or damage (other than loss suffered by a person’s dependants in consequence of his death) which was due to an accident arising out of the presence of a motor vehicle on a road, if—

(a) it is in respect of damage which is treated by subsection (2) above as resulting from an offence under the M2 Theft Act 1968; or

(b) it is in respect of injury, loss or damage as respects which—

(i) the offender is uninsured in relation to the use of the vehicle; and

(ii) compensation is not payable under any arrangements to which the Secretary of State is a party;

and, where a compensation order is made in respect of injury, loss or damage due to such an accident, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.

(3A) A vehicle the use of which is exempted from insurance by section 144 of the M3 Road Traffic Act 1972 is not uninsured for the purposes of subsection (3) above.

(3B) A compensation order in respect of funeral expenses may be made for the benefit of anyone who incurred the expenses.

(3C) A compensation order in respect of bereavement may only be made for the benefit of a person for whose benefit a claim for damages for bereavement could be made under section 1A of the M4 Fatal Accidents Act 1976.

(3D) The amount of compensation in respect of bereavement shall not exceed the amount for the time being specified in section 1A(3) of the Fatal Accidents Act 1976.]

[F4 (4) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, it shall be the duty of the court—

(a) to have regard to his means so far as they appear or are known to the court; and

(b) in a case where it is proposed to make against him both a compensation order and a confiscation order under Part VI of the Criminal Justice Act 1988, also to have regard to its duty under section 72(7) of that Act (duty where the court considers that the offender’s means are insufficient to satisfy both orders in full to order the payment out of sums recovered under the confiscation order of sums due under the compensation order)]

[F5 (4A) 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 offender has insufficient means to pay both an appropriate fine and appropriate compensation,

the court shall give preference to compensation (though it may impose a fine as well).]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F1 S. 35(1)(1A) substituted for s. 35(1) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 67(a)

F2 Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 104(1), Sch. 8 para. 16

F3 S. 35(3)–(3D) substituted for s. 35(3) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 104(2), Sch. 8 para. 16

F4 S. 35(4) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 40

F5 S. 35(4A) inserted by Criminal Justice Act 1982 (c. 48), s. 67(b)

F6 S. 35(5) repealed by Magistrates' Courts Act 1980 (c. 43), Sch. 9

Modifications etc. (not altering text)

C1 S. 35(1) restricted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 40

C2 S. 35(4)(a) excluded (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 57(3)(b), 101(1), Sch. 12, para. 14; S.I. 1992/333, art. 2(2), Sch. 2

C3 S. 35(4)(a) modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 57(3)(c), 101(1), Sch. 12, para. 14; S.I. 1992/333, art. 2(2), Sch. 2

C4 S. 35(4A) saved (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(a), 101(1), Sch. 12, para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Marginal Citations

M1 1968 c. 60.

M2 1968 c. 60(39:6).

M3 1972 c. 20

M4 1976 c. 30(122:3).