Criminal Justice
(Compensation Orders) (Jersey) Law 1994[1]
A LAW to make
new provision to empower the courts to order the payment of compensation by
persons convicted of crime and for connected purposes
Commencement [see endnotes]
1 Interpretation
In this Law –
“compensation order”
has the meaning given by Article 2(1);
“default sentence”
has the meaning given by Article 3(1)(c); and
“Youth Court”
means the Youth Court continued under Article 24 of the Criminal Justice
(Young Offenders) (Jersey) Law 2014.[2]
2 Compensation orders against convicted persons
(1) Subject
to the provisions of this Law, a court by or before which a person is convicted
of an offence, instead of or in addition to dealing with the person in any
other way, may, on application or otherwise, make an order (in this Law
referred to as a “compensation order”) requiring the person to pay
compensation for any personal injury, loss or damage resulting from that
offence or to make payments for funeral expenses in respect of a death
resulting from any such offence, other than a death due to an accident arising
out of the presence of a vehicle on a road.
(2) Subject
to paragraph (3), a compensation order shall be of such amount as the
court considers appropriate, having regard to any evidence and any
representations that are made by or on behalf of the offender, any person who
appears to the court to have suffered any personal injury, loss or damage
resulting from the offence for which the offender has been convicted or the
Attorney General or the Centenier who presented the offender before the court.[3]
(3) The
compensation to be paid under a compensation order made by the
Magistrate’s Court or the Youth Court in respect of any one offence shall
not exceed the equivalent amount for the time being of a fine of level 3
on the standard scale of fines.[4]
(4) In
the case of an offence of larceny or any other case involving the dishonest or
fraudulent deprivation of an owner of the owner’s property, where the
property in question is recovered, any damage to the property occurring while
it was out of the owner’s possession shall be treated for the purposes of
paragraph (1) as having resulted from that offence, however and by
whomsoever the damage was caused.
(5) A
compensation order may only be made in respect of injury, loss or damage (other
than loss suffered by a person’s dependants in consequence of the
person’s death) which was due to an accident arising out of the presence
of a motor vehicle on a road, if –
(a) it is in respect of damage which is treated
by paragraph (4) as resulting from an offence of larceny or any other
offence involving the dishonest or fraudulent deprivation of an owner of the
owner’s property; or
(b) it is in respect of injury, loss or damage
as respects which –
(i) the offender is
uninsured in relation to the use of the vehicle, and
(ii) compensation
is not payable under any arrangement between the Minister
for Justice and Home Affairs and the Motor Insurers’ Bureau,
and, where a compensation
order is made in respect of injury, loss or damage due to such an accident, the
amount ordered to be paid may include the whole or part of any loss or
reduction in preferential rates of insurance attributable to the accident.[5]
(6) A
compensation order in respect of funeral expenses may be made for the benefit
of anyone who has incurred the expenses.
3 Powers of the court
(1) Where
a court makes a compensation order it may –
(a) allow time for payment of the amount due
under the order;
(b) direct that the said amount be paid by
instalments of such amount and on such dates as may be specified in the order;
(c) subject to paragraph (2), fix a term of
imprisonment (in this Law referred to as a “default sentence”)
which the person liable to make the payment is to undergo if any sum which the person is liable to pay is not duly paid or recovered.
(2) A
default sentence shall not exceed the maximum term of imprisonment within the
jurisdiction for the time being of the Magistrate’s Court in the case of
an order made by –
(a) the
Magistrate’s Court;
(b) the
Youth Court; or
(c) the
Royal Court on appeal against a decision of the Magistrate’s Court.[6]
(3) Where
any person liable to pay a compensation order is sentenced to, or is serving or
otherwise liable to serve a term of imprisonment, the court may order that a
default sentence shall not begin to run until after the end of the first-mentioned
term of imprisonment.
(4) Where
a court makes a compensation order against an offender under the age
of 17, the court may, and shall if the offender is under the age of 14,
order that the compensation order be paid, and any default sentence be served,
by the parent or guardian of the offender instead of the offender, unless the
court is satisfied that –
(a) the parent or guardian cannot be found; or
(b) that it would be unreasonable to make such
an order having regard to the circumstances of the case.
(5) In
determining whether to make a compensation order against any person, and in
determining the amount to be paid under such an order, the court shall have
regard to the person’s means so far as they appear or are made known to
the court.
(6) Where
the court considers that –
(a) it would be appropriate both to impose a
fine and a compensation order; but
(b) the offender has insufficient means to pay
both an appropriate fine and appropriate compensation, the court shall give
preference to compensation (though it may impose a fine as well).
4 Payment of compensation orders
(1) Subject
to paragraph (2) and Article 5, payment of a compensation order shall
be made to the Viscount, who shall give a receipt for the payment and shall
remit the payment to the person in whose favour the order was made.
(2) A
person in whose favour a compensation order is made shall not be entitled to
receive the amount due to the person until (disregarding any power of a court
to extend the time for making an appeal) there is no further possibility of an
appeal on which the order could be varied or set aside.
(3) Where
a court by or before which a person has been convicted of an offence has
ordered that person to pay a fine as well as a compensation order, the Viscount
shall, unless the court which made the order directs otherwise, apply any
monies received from that person firstly towards the payment of the
compensation order and only after the compensation order has been paid in full
shall the Viscount apply monies received from that person towards payment of
the fine.
5 Default and enforcement
(1) Where
any default is made in the payment of a compensation order, the Viscount may
take the same proceedings for the enforcement of the order as the Viscount may
take in the case of a default in payment of a fine.
(2) Where
a compensation order is made allowing time for payment or directing payment by
instalments, the Viscount shall not exercise the Viscount’s powers to
enforce payment until there is a default in complying with the order.
(3) Where
a compensation order is made directing payment by instalments and default is
made in the payment of any one instalment, the same proceedings may be taken as
if default had been made in payment of all the instalments then remaining
unpaid.
(4) Subject
to paragraph (5), where a person is imprisoned or otherwise detained in
default of the payment of a compensation order, on payment of the amount
outstanding to the Viscount or governor of the prison, the order shall cease to
have effect and such person shall be released unless the person is in custody
for some other cause.[7]
(5) Nothing
in paragraph (4) shall oblige the governor of the prison to accept payment
of the amount outstanding under a compensation order or release any person
detained in default of payment of such order except between the hours of 8 am
and 9 pm.[8]
(6) Where,
after a period of imprisonment or other detention has been imposed on any
person in default of the payment of a compensation order, payment is made of part
of the amount ordered to be paid, the term of the default sentence shall be
reduced by a number of days bearing as nearly as possible the same proportion
to the total number of days of that period of detention less one day as the sum
paid bears to the amount ordered to be paid.[9]
(7) In
calculating the reduction required under paragraph (6) any fraction of a
day shall not be taken into account.[10]
(8) The
governor of the prison shall pay any sums received under paragraph (4) to
the Viscount.[11]
6 Appeals
(1) Without
prejudice to Article 24 of the Court of Appeal
(Jersey) Law 1961, a person against whom a compensation order
has been made or a person who has been ordered under Article 3(4) to pay
compensation by the Royal Court may appeal to the Court of Appeal against the
order, including a default sentence, whether or not the person also appeals
against the person’s conviction or the sentence imposed for the offence
in respect of which the order was made.[12]
(2) Articles 26
to 30 of the Court of Appeal
(Jersey) Law 1961 and 32 to 40 of that Law shall apply mutatis mutandis to an appeal under paragraph (1)
as they apply to an appeal under Article 24 of that Law.
(3) Without
prejudice to Article 33 of the Criminal
Procedure (Jersey) Law 2018, a person against whom a
compensation order is made or a person who has been ordered under Article 3(4)
to pay compensation by the Magistrate’s Court or the Youth Court may
appeal to the Royal Court against the order, including a default sentence,
whether or not the person also appeals against the conviction or the sentence
imposed for the offence in respect of which the order was made.[13]
(4) Articles 34,
35 and 36 of the Criminal
Procedure (Jersey) Law 2018 apply to an appeal under paragraph (3)
as they apply to an appeal under Article 33 of that Law.[14]
(5) Where a notice of appeal or
to obtain leave to appeal to the Court of Appeal against a compensation order
has been given within the time specified in Article 32(1) of the Court of Appeal
(Jersey) Law 1961 or the Court of Appeal has, pursuant to paragraph (3)
of that Article extended that time, the Viscount shall not take any, or any
further steps towards the enforcement of the order until after the appeal has
been abandoned or determined.
(6) Where
a notice of appeal against a compensation order to the Royal Court has been
lodged within the time specified in Article 34(1) of the Criminal
Procedure (Jersey) Law 2018 or the Royal Court has, pursuant to
paragraph (3) of that Article, directed that a notice of appeal against
such an order shall be treated as if given within that period, the Viscount
shall not take any or any further steps towards the enforcement of the order
until after the appeal has been abandoned or determined.[15]
7 Review of compensation orders
(1) At
any time before a person against whom a compensation order has been made or a
person who is ordered to pay compensation under Article 3(4) has paid the
Viscount the whole of the compensation which the person is required to pay but
at a time (disregarding any power of a court to grant leave to appeal out of
time) when there is no further possibility of an appeal on which the
compensation order could be varied or set aside, the court which made the
compensation order may, on the application of such a person, discharge or
reduce the amount which remains to be paid if it appears to the court –
(a) that the injury, loss or damage in respect
of which the order was made has been held in civil proceedings to be less than
it was taken to be for the purposes of the order;
(b) in the case of an order in respect of the
loss of any property, that the property has been recovered by the person in
whose favour the order was made;
(c) that the person against whom the order was
made or a person who is ordered to pay compensation
under Article 3(4) has suffered a substantial reduction in the
person’s
means which was unexpected at the time when the compensation order was made,
and that the person’s means seem unlikely to increase
for a substantial period.[16]
(1A) At
any time before the person against whom a compensation order has been made or a
person who is ordered to pay compensation under Article 3(4) has paid to
the Viscount the whole of the compensation which the person is required to pay,
the court which made the compensation order may, on the application of such a
person, vary the time allowed for payment of the amount which remains to be
paid, including any date by which any instalment must be paid.[17]
(2) Where
a court varies or discharges a compensation order under paragraph (1) it
shall discharge or vary to a like extent any default sentence fixed by that
order.[18]
8 Effect of compensation order on subsequent award of damages in
civil proceedings
(1) This
Article shall have effect where a compensation order has been made in favour of
any person in respect of any injury, loss or damage and a claim by the person
in civil proceedings for damages in respect of the same injury, loss or damage
subsequently falls to be determined.
(2) The
damages in the civil proceedings shall be assessed without regard to the
compensation order, but the plaintiff may only recover an amount equal to the
aggregate of the following –
(a) any amount by which they exceed the
compensation; and
(b) a sum equal to any portion of the
compensation which the plaintiff fails to recover,
and may not enforce the judgement,
so far as it relates to a sum such as is mentioned in sub-paragraph (b),
without the leave of the court.
9 Citation
This Law may be cited as the Criminal Justice (Compensation
Orders) (Jersey) Law 1994.