From 2007–08 to 2016–17, the median amount awarded in the Magistrates’ Court for orders for restitution or compensation for property loss ranged from $400 to $550 each year, while the median amount for compensation orders for injury ranged from $502 to $2,355. The amount for orders made in the higher courts varies significantly, with some compensation orders for injury ranging from tens of thousands of dollars to in excess of $500,000 for one Relationship of restitution and compensation orders to offenders’ rehabilitation and means In making an order for restitution or compensation against an adult offender, the court may take into account the financial circumstances of the offender and the nature of the burden that its payment would impose. For restitution and compensation orders against children, however, the Children’s must take into account the financial circumstances of the offender and the nature of the burden that its payment would impose. Further, the Children’s Court may only make an order of up to $1,000 against an offender. When considering the financial circumstances of the offender for the purposes of imposing a fine, the court must take into account any other order that it, or any other court, has made or proposes to make for forfeiture, automatic forfeiture, restitution or compensation. The court must give preference to imposing an order for restitution or compensation if it considers that the offender has insufficient means to pay both a fine and an order for restitution or compensation. While restitution and compensation orders are not sentencing orders, they sit within the Sentencing Act 1991 (Vic), and a purpose of that Act is to provide for sentences that promote the rehabilitation of offenders. These orders, therefore, ought to be imposed with some regard to the broader purposes of the Act within which they sit. The court may consider whether the imposition of an order is likely to be a ‘crushing financial burden’ harming prospects of rehabilitation. However, the
From 2007–08 to 2016–17, the median amount awarded in the Magistrates’ Court for orders for restitution or compensation for property loss ranged from $400 to $550 each year, while the median amount for compensation orders for injury ranged from $502 to $2,355. The amount for orders made in the higher courts varies significantly, with some compensation orders for injury ranging from tens of thousands of dollars to in excess of $500,000 for one Relationship of restitution and compensation orders to offenders’ rehabilitation and means In making an order for restitution or compensation against an adult offender, the court may take into account the financial circumstances of the offender and the nature of the burden that its payment would impose. For restitution and compensation orders against children, however, the Children’s must take into account the financial circumstances of the offender and the nature of the burden that its payment would impose. Further, the Children’s Court may only make an order of up to $1,000 against an offender. When considering the financial circumstances of the offender for the purposes of imposing a fine, the court must take into account any other order that it, or any other court, has made or proposes to make for forfeiture, automatic forfeiture, restitution or compensation. The court must give preference to imposing an order for restitution or compensation if it considers that the offender has insufficient means to pay both a fine and an order for restitution or compensation. While restitution and compensation orders are not sentencing orders, they sit within the Sentencing Act 1991 (Vic), and a purpose of that Act is to provide for sentences that promote the rehabilitation of offenders. These orders, therefore, ought to be imposed with some regard to the broader purposes of the Act within which they sit. The court may consider whether the imposition of an order is likely to be a ‘crushing financial burden’ harming prospects of rehabilitation. However, the