s. 86 86 Compensation order (1) If a court finds a person guilty of, or convicts a S. 86(1) amended by person of, an offence it may order the offender to Nos 81/1996 s. 74(1)(a)(i)(ii), pay to a person who has suffered loss or 54/2000 destruction of, or damage to, property as a result s. 22(2)(a)(i)(ii), substituted by of the offence any compensation (not exceeding No. 49/2012 the value of the property lost, destroyed or s. 7(1). damaged) that the court thinks fit. (1A) An order under subsection (1) may be made— S. 86(1A) inserted by No. 49/2012 (a) on the application of a person suffering loss s. 7(1). or destruction of, or damage to, property as a result of the offence; or (b) subject to subsection (1B)—on the court's own motion. S. 86(1B) (1B) A court may only make an order under subsection inserted by (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.
86 Compensation order S. 86(1) amended by Nos 81/1996 s. 74(1)(a)(i)(ii), 54/2000 s. 22(2)(a)(i)(ii), substituted by No. 49/2012 s. 7(1). s. 86 (1) If a court finds a person guilty of, or convicts a person of, an offence it may order the offender to pay to a person who has suffered loss or destruction of, or damage to, property as a result of the offence any compensation (not exceeding the value of the property lost, destroyed or damaged) that the court thinks fit. S. 86(1A) inserted by No. 49/2012 s. 7(1). (1A) An order under subsection (1) may be made— (a) on the application of a person suffering loss or destruction of, or damage to, property as a result of the offence; or (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.
91-49a142.docx