Sentencing Act 2017

Subject to this section, a court may make an order requiring a defendant to pay compensation for injury, loss or damage resulting from the offence of which the defendant has been found guilty or for any offence taken into account by the court in determining sentence for that offence.

An order for compensation may be made under this section—

either on application by the prosecutor or on the court's own initiative; and

instead of, or in addition to, dealing with the defendant in any other way.

If—

a court finds a defendant guilty of an offence, or takes an offence into account in determining sentence; and

the circumstances of the offence are such as to suggest that a right to compensation has arisen, or may have arisen, under this section, the court must, if it does not make an order for compensation, give its reasons for not doing so.

Compensation under this section will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the defendant.

If property of which a person was dispossessed as a result of the offence is recovered, any damage to the property while it was out of the person's possession is to be treated for the purposes of this section as having resulted from the offence.

The power of a court to award compensation under this section is subject to the following qualifications:

no compensation may be awarded for injury, loss or damage caused by, or arising out of the use of, a motor vehicle except damage to property;

no compensation may be awarded against an employer in favour of an employee or former employee if—

the offence arises from breach of a statutory duty related to employment; and

the injury, loss or damage is compensable under the

Compensation may be ordered under this section in relation to an offence despite the fact that compensation may be ordered under some other statutory provision that relates more specifically to the offence or proceedings in respect of the offence.

The amount paid to a person pursuant to an order under this section for compensation for injury, loss or damage must be taken into consideration by a court or any other body in awarding compensation for that injury, loss or damage under any other Act or law.