(b) subject to subsection (1B)—on the court's own motion. (1B) A court may only make an order under S. 86(1B) inserted by subsection (1) on its own motion if— No. 49/2012 s. 7(1). (a) the person in whose favour the order is to be made does not oppose the order being made; and (b) the court has given the offender the opportunity to be heard in respect of the order. (2) If a court decides to make an order under subsection (1) it may in determining the amount and method of payment of the compensation take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that its payment will impose. (3) A court is not prevented from making an order under subsection (1) only because it has been unable to find out the financial circumstances of the offender. (4) In making an order under subsection (1) the court may direct that the compensation be paid by instalments and that in default of payment of any one instalment the whole of the compensation remaining unpaid shall become due and payable. (5) An application under subsection (1A)(a)— S. 86(5) amended by No. 49/2012 s. 7(2)(a). (a) must be made as soon as practicable after the S. 86(5)(a) amended by offender is found guilty, or convicted, of the Nos 81/1996 offence; and s. 74(1)(b), 54/2000 s. 22(2)(b), 49/2012 s. 7(2)(b).
(b) subject to subsection (1B)—on the court's own motion. S. 86(1B) inserted by No. 49/2012 s. 7(1). (1B) A court may only make an order under subsection (1) on its own motion if— (a) the person in whose favour the order is to be made does not oppose the order being made; and (b) the court has given the offender the opportunity to be heard in respect of the order. (2) If a court decides to make an order under subsection (1) it may in determining the amount and method of payment of the compensation take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that its payment will impose. (3) A court is not prevented from making an order under subsection (1) only because it has been unable to find out the financial circumstances of the offender. (4) In making an order under subsection (1) the court may direct that the compensation be paid by instalments and that in default of payment of any one instalment the whole of the compensation remaining unpaid shall become due and payable. S. 86(5) amended by No. 49/2012 s. 7(2)(a). (5) An application under subsection (1A)(a)— S. 86(5)(a) amended by Nos 81/1996 s. 74(1)(b), 54/2000 s. 22(2)(b), 49/2012 s. 7(2)(b). (a) must be made as soon as practicable after the offender is found guilty, or convicted, of the offence; and