(1)A magistrates' court may make an order under this section (a “parental compensation order”) if on the application of a local authority it is satisfied, on the civil standard of proof—
(a)that the condition mentioned in subsection (2) below is fulfilled with respect to a child under the age of 10; and
(b)that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.
(2)The condition is that the child has taken, or caused loss of or damage to, property in the course of—
(a)committing an act which, if he had been aged 10 or over, would have constituted an offence; or
(b)acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.
(3)A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child (other than a local authority) to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.
(4)The amount of compensation specified may not exceed £5,000 in all.
(5)The Secretary of State may by order amend subsection (4) above so as to substitute a different amount.
(6)For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.
(7)In this section and sections 13B and 13C below, “local authority” has the same meaning as in the 1989 Act.]
Textual Amendments
F1Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)