Textual Amendments
F1Sch. 5A inserted by Armed Forces Act 1976 (c. 52), Sch. 4 para. 1
Textual Amendments applied to the whole legislation
F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2
11(1)The court, on finding a civilian guilty of an offence, may, on application or otherwise (and whetheror not it makes any other order), make an order (in this Schedule referred to as a “compensationorder") requiring him to pay such sum as appears to the court to be just as or towards compensation forany loss or damage, other than personal injury, resulting from the offence or any other offence taking intoconsideration in determining sentence.
(2)The sum specified in a compensation order made by a Standing Civilian Court shall not exceed [F2£2000].
(3)In the case of an offence of unlawfully obtaining any property (whether by stealing it, handling it orotherwise), where the property in question is recovered, any damage to the property occurring while it wasout of the owner’s possession shall be treated for the purposes of this paragraph as having resulted fromthe offence, however and by whomsoever the damage was caused.
(4)No compensation order shall be made in respect of loss suffered by the dependants of a person inconsequence of his death, and no such order shall be made in respect of loss or damage due to an accidentarising out of the presence of a motor vehicle on a road, except such damage as is treated by sub-paragraph(3) above as resulting from an offence of unlawfully obtaining any property.
(5)In determining whether to make a compensation order against any person, and in determining the amountto be paid by any person under such an order, the court shall have regard to his means so far as they appearor are known to the court.
Textual Amendments
F2 “£2000" substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch. 8 para. 8(1)(2) and S.I. 1984/447, art. 2(1), Sch.1
Modifications etc. (not altering text)
C1Sch. 5A para. 11(2): power to amend conferred by Magistrates Courts Act 1980 (c. 43, SIF 82), s. 143(1)(2)(g) as substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48(1)(a)(b)(iii)
12(1)The operation of a compensation order made by a court-martial shall be suspended—U.K.
(a)in any case until the end of the period specified under Part II of the M1Courts-Martial (Appeals) Act 1968 as the period within which an application for leave to appeal mustbe lodged; and
(b)if such an application is duly lodged, until either the application is finally refused or it iswithdrawn or the appeal is determined or abandoned.
(2)The operation of a compensation order made by a Standing Civilian Court shall be suspended*M
(a)in any case until the end of the period within which notice of appeal may be given; and
(b)if such notice is given, until the appeal is determined or abandoned.
(3)Where a compensation order has been made against any person in respect of an offence taken intoconsideration in determining his sentence—
(a)the order shall cease to have effect if he successfully petitions or appeals against his conviction ofthe offence or all the offences of which he was convicted in the proceedings in which the order was made;and
(b)he may petition or appeal against the order as if it were part of the sentence imposed for the offencein respect of which it was made.