PART XI Sentencing

F1Restitution order

253CF1Restitution order, fine and compensation order: order of preference

(1)

Subsection (2) applies where a court considers in relation to an offence that it would be appropriate—

(a)

to make a restitution order,

(b)

to impose a fine, and

(c)

to make a compensation order.

(2)

If the person convicted of the offence (“P”) has insufficient means to pay an appropriate amount under a restitution order, to pay an appropriate fine and to pay an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.

(3)

Subsection (4) applies where a court considers in relation to an offence that it would be appropriate—

(a)

to make a restitution order, and

(b)

to impose a fine or make a compensation order.

(4)

If P has insufficient means to pay an appropriate amount under a restitution order and to pay an appropriate fine or, as the case may be, an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.