Sentencing Act 2020

141 Compensation orders: suspension of entitlement and appeals etc

(1) A person in whose favour a compensation order is made is not entitled to receive the amount due to the person until there is no further possibility of the order being varied or set aside on appeal (disregarding any power to grant leave to appeal out of time).

(2) Criminal Procedure Rules may make provision about the way in which the appropriate court is to deal with money paid in satisfaction of a compensation order where the entitlement of the person in whose favour it was made is suspended under subsection (1).

(3) The Court of Appeal may by order annul or vary any compensation order made by the Crown Court, even if the conviction is not quashed.

(4) Where a compensation order is annulled or varied under subsection (3)—

(a) the compensation order—

(i) if annulled, is not to take effect;

(ii) if varied, is to take effect as varied;

(b) the Court of Appeal must also vary any order previously made under section 42 (court’s duty to order payment of surcharge) so as to secure that the offender’s liability under that order is the same as it would have been if the offender were being dealt with by the Crown Court.

(5) Where the Supreme Court restores a conviction, it may make any compensation order which the court of trial could have made.

(6) Where the Supreme Court makes an order under subsection (5), it must also—

(a) make an order under section 42, or

(b) vary any order previously made under that section,

so as to secure that the offender’s liability under the order under that section is the same as it would have been if the offender were being dealt with by the Crown Court.

(7) Where, in any proceedings in which an offender is convicted of one or more offences (each, a “main offence”), a compensation order is made against the offender in respect of an offence taken into consideration in determining sentence—

(a) the order ceases to have effect if the offender successfully appeals against conviction of the main offence or, if more than one, all the main offences;

(b) the offender may appeal against the order as if it were part of the sentence imposed in respect of the main offence or, if more than one, any of the main offences.