Sentencing Act 2020

135 Making a compensation order

(1) A compensation order must specify the amount to be paid under it.

(2) That amount must be the amount that the court considers appropriate, having regard to any evidence and any representations that are made by or on behalf of the offender or the prosecution.

But see also sections 136 to 139.

(3) In determining—

(a) whether to make a compensation order against an offender, or

(b) the amount to be paid under such an order,

the court must have regard to the offender’s means, so far as they appear or are known to the court.

(4) Where the court considers—

(a) that it would be appropriate both to impose a fine and to make a compensation order, but

(b) that the offender has insufficient means to pay both an appropriate fine and appropriate compensation,

the court must give preference to compensation (though it may impose a fine as well).

(5) For modifications of this section where the court also makes an order under section 380 (power to order parent or guardian to pay fine, costs, compensation or surcharge), see section 140.

(6) For the effect of proceedings in relation to confiscation orders on the court’s powers in relation to compensation orders, see the following provisions of the Proceeds of Crime Act 2002—

(a) section 13(4) (where confiscation order has been made);

(b) section 15 (where proceedings on a confiscation order have been postponed).