Criminal Justice Act 1988

115 Reimbursement and recovery

(1) Where—

(a) a person has been convicted in England or Wales of an offence; and

(b) the Board have made an award of compensation in respect of an injury which is a criminal injury by virtue of the offence,

proceedings may be brought by the Board in a county court for an order for the repayment by the offender to the Board of the whole of the award or such part of it as the court thinks fit.

(2) The Board shall only make an application for an order under subsection (1) above if they have reason to believe that the offender is able to pay the whole or a substantial part of the award.

(3) In considering whether to make an order under subsection (1) above, the court shall have regard to the financial position of the offender and to such other matters (not including the question whether he was properly convicted) as the court considers relevant.

(4) Where after an award of compensation under this Part of this Act has been made to a person he receives any payment which, had he received it before the making of the award, would, under any provision contained in Schedule 7 to this Act, have led to any reduction in the amount of compensation payable to him he shall be liable to repay to the Board a sum equal to the amount of that reduction.

(5) The Board may set-off any sum owed to them by any person by virtue of subsection (4) above against any compensation under this Part of this Act to which that person is or becomes entitled.

(6) Where by virtue of any order under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (compensation orders against convicted persons) compensation is required to be paid for any personal injury, loss or damage which the Board are satisfied has been the subject of compensation under this Part of this Act, they may by notice require the magistrates' court for the time being having functions in relation to the enforcement of that order to pay to them any amount recovered in pursuance of that order in respect of any such personal injury, loss or damage.