Reparation orders—evidential basis for orders

In force

(1)

A reparation order must not be made for the offence unless the court considers that the order should be made on the basis of facts established by—

(a)

evidence given at the trial; or

(b)

available documents; or

(c)

admissions by the offender; or

(d)

submissions made by or for anyone (including the director of public prosecutions).

(2)

In this section:

available documents, in relation to the offence, means any of the following:

(a)

any written statements or admissions made for use as evidence at a trial that would have been admissible as evidence at the trial for the offence;

(b)

depositions taken at any committal proceeding for the offence;

(c)

any written statements or admissions used as evidence in any committal proceeding for the offence;

(d)

any other relevant written documents.

Example for par (d)

If the value of an object, or the cost of its repair, is relevant to the proceeding for the reparation order, an affidavit by a valuer or repairer about the value of the object or the cost of its repair would be a relevant written document.

This Act’s bill:Explanatory statement Second reading speech

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110 Reparation orders—evidential basis for orders