(b) may be made— S. 86(5)(b) amended by No. 49/2012 s. 7(2)(c)(i). S. 86(5)(b)(i) (i) by the person seeking compensation; or amended by No. 49/2012 s. 7(2)(c)(ii). (ii) on that person's behalf by the Director S. 86(5)(b)(ii) amended by of Public Prosecutions or (if the No. 69/1997 sentencing court was the Magistrates' s. 10(a)–(c). Court) the informant or police prosecutor. (6) Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person. * * * * * S. 86(6A) inserted by No. 19/1999 s. 10, repealed by No. 54/2000 s. 22(2)(c). S. 86(7) (7) In determining whether or not an order under amended by subsection (1) should be made and, if so, the No. 49/2012 s. 7(3). amount payable under the order— (a) a finding of any fact made by a court in a proceeding for the offence is evidence and, in the absence of evidence to the contrary, proof of that fact; and (b) the finding may be proved by production of a document under the seal of the court from which the finding appears. (8) A court must not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence
S. 86(5)(b) amended by No. 49/2012 s. 7(2)(c)(i). (b) may be made— S. 86(5)(b)(i) amended by No. 49/2012 s. 7(2)(c)(ii). (i) by the person seeking compensation; or S. 86(5)(b)(ii) amended by No. 69/1997 s. 10(a)–(c). (ii) on that person's behalf by the Director of Public Prosecutions or (if the sentencing court was the Magistrates' Court) the informant or police prosecutor. (6) Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person. S. 86(6A) inserted by No. 19/1999 s. 10, repealed by No. 54/2000 s. 22(2)(c). * * * * * S. 86(7) amended by No. 49/2012 s. 7(3). (7) In determining whether or not an order under subsection (1) should be made and, if so, the amount payable under the order— (a) a finding of any fact made by a court in a proceeding for the offence is evidence and, in the absence of evidence to the contrary, proof of that fact; and (b) the finding may be proved by production of a document under the seal of the court from which the finding appears. (8) A court must not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence
91-49a172.docx