Sentencing

24Duty to consider making compensation order

In section 249 of the 1995 Act (compensation order against convicted person), after subsection (4) insert—

4A

In any case where it would be competent for the court to make a compensation order, the court must consider whether to make a compensation order.

4B

Before making a compensation order, the court must take steps to ascertain the views and wishes of the victim.

4C

No compensation order may be made where the victim notifies the court that the victim does not wish to receive compensation from the person convicted of the offence.

4D

For the purposes of subsections (4B) and (4C), “victim” has the meaning given by subsections (1A) and (1C).