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Restitution and Reparation

A reparation order is either a compensation order or a restitution order. It may take the form of:

  • a compensation order - where an offender makes a compensation payment to the victim of the crime
  • a restitution order - requiring that property is returned to the victim.

A reparation order is on top of, and not part of, the sentence imposed on an offender. It may be made by a court on its own initiative or following an application from a victim or the prosecutor.

A court cannot make a compensation order if it is believed that:

  • the offender could not comply with the order due to insufficient means
  • paying the compensation would unduly prejudice the welfare of the offender's dependants.

Even if a reparation order is made, a victim can still take civil action against the offender for loss, injury or damage suffered and apply for compensation under the Criminal Injuries Compensation Act.

Payment of compensation or restitution cannot be made a condition of a community-based order or an intensive supervision order.

If a victim does not receive compensation ordered by the court, they may take civil action.

Please contact your nearest court for more details.

Last updated: 24-Oct-2017

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