ChatterBank1 min ago
Prison And Compensation
How would someone pay compensation to his victim if he were also imprisoned?
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I was talking about the situation where a court had ordered that compensation be paid.
The Victim Support link is useful but does not tell the full story. Courts take a number of factors into account when sentencing and making compensation orders. If it is thought that compensation can be paid even though a custodial sentence is passed then they may order it. Many people that are imprisoned often have little or no means and it is that rather than the fact that they are going to prison that dictates whether compensation is awarded.
The Victim Support link is useful but does not tell the full story. Courts take a number of factors into account when sentencing and making compensation orders. If it is thought that compensation can be paid even though a custodial sentence is passed then they may order it. Many people that are imprisoned often have little or no means and it is that rather than the fact that they are going to prison that dictates whether compensation is awarded.
Certainly if the matter is heard in the Magistrates' Court (as 95% of all criminal cases in England and Wales are) it is unlikely that compensation will be ordered if custody is imposed. That doesn't rule it out entirely but the court has to take a pragmatic view and if there is little chance of it being paid there is little chance in ordedring it. However, Magistrates are encouraged to be robust when deciding if compensation is appropriate and they should enquire thoroughly whether it is a practical proposition or not.