Jersey Law 4/1994

 

CRIMINAL JUSTICE (COMPENSATION ORDERS) (JERSEY) LAW 1994

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1.      Interpretation

2.      Compensation orders against convicted persons

3.      Powers of the court

4.      Payment of compensation orders

5.      Default and enforcement

6.      Appeals

7.      Review of compensation orders

8.      Effect of compensation order on subsequent award of damages in civil proceedings

9.      Amendments and repeal

10.  Citation and commencement


 

A LAW   to make new provision to empower the courts to order the payment of compensation by persons convicted of crime and for connected purposes, sanctioned by Order of Her Majesty in Council of the

 

8th day of FEBRUARY 1994

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(Registered on the 22nd day of April 1994)

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STATES OF JERSEY

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The 24th day of August 1993

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

ARTICLE 1

Interpretation

(1)           In this Law –

“compensation order” has the meaning given by paragraph (1) of Article 2;

“default sentence” has the meaning given by sub-paragraph (c) of paragraph (1) of Article 3; and

“the Juvenile Court” means the Juvenile Court established under the Children (Jersey) Law 1969.1

(2)           A reference in this Law to an Article by number only and without further identification, is a reference to the Article of that number in this Law.

(3)           A reference in an Article or other division of this Law to a paragraph or sub-paragraph by number or letter only and without further identification is a reference to the paragraph or sub-paragraph of that number or letter contained in the Article or other division in which that reference occurs.

(4)           Unless the context otherwise requires, where this Law refers to an enactment, the reference is to that enactment as amended from time to time.

ARTICLE 2

Compensation orders against convicted persons

(1)           Subject to the provisions of this Law, a court by or before which a person is convicted of an offence, instead of or in addition to dealing with him in any other way, may, on application or otherwise, make an order (in this Law referred to as a “compensation order”) requiring him to pay compensation for any personal injury, loss or damage resulting from that offence or to make payments for funeral expenses in respect of a death resulting from any such offence, other than a death due to an accident arising out of the presence of a vehicle on a road.

(2)           Subject to paragraph (3), a compensation order shall be of such amount as the court considers appropriate, having regard to any evidence and any representations that are made by or on behalf of the offender, any person who appears to the court to have suffered any personal injury, loss or damage resulting from the offence for which the offender has been convicted or the Attorney General or the Connétable in whose name the offender has been presented before the court.

(3)           The compensation to be paid under a compensation order made by the Police Court or the Juvenile Court in respect of any one offence shall not exceed two thousand pounds or such other sum as shall have been fixed by the States by Regulations made under this paragraph.

(4)           In the case of an offence of larceny or any other case involving the dishonest or fraudulent deprivation of an owner of his property, where the property in question is recovered, any damage to the property occurring while it was out of the owner’s possession shall be treated for the purposes of paragraph (1) as having resulted from that offence, however and by whomsoever the damage was caused.

(5)           A compensation order may only be made in respect of injury, loss or damage (other than loss suffered by a person’s dependants in consequence of his death) which was due to an accident arising out of the presence of a motor vehicle on a road, if –

(a)     it is in respect of damage which is treated by paragraph (4) as resulting from an offence of larceny or any other offence involving the dishonest or fraudulent deprivation of an owner of his property; or

(b)     it is in respect of injury, loss or damage as respects which –

(i)      the offender is uninsured in relation to the use of the vehicle; and

(ii)     compensation is not payable under any arrangement between the Defence Committee and the Motor Insurers’ Bureau,

and, where a compensation order is made in respect of injury loss or damage due to such an accident, the amount ordered to be paid may include the whole or part of any loss or reduction in preferential rates of insurance attributable to the accident.

(6)           A compensation order in respect of funeral expenses may be made for the benefit of anyone who has incurred the expenses.

ARTICLE 3

Powers of the court

(1)           Where a court makes a compensation order it may –

(a)     allow time for payment of the amount due under the order;

(b)     direct that the said amount be paid by instalments of such amount and on such dates as may be specified in the order;

(c)     subject to paragraph (2), fix a term of imprisonment (in this Law referred to as a “default sentence”) which the person liable to make the payment is to undergo if any sum which he is liable to pay is not duly paid or recovered.

(2)           A default sentence shall not exceed –

(a)     in the case of an order made by the Police Court or the Juvenile court or by the Royal Court on appeal against a decision of the Police Court, six months; and

(b)     in any other case, twelve months.

(3)           Where any person liable to pay a compensation order is sentenced to, or is serving or otherwise liable to serve a term of imprisonment, the court may order that a default sentence shall not begin to run until after the end of the first-mentioned term of imprisonment.

(4)           Where a court makes a compensation order against an offender under the age of seventeen, the court may, and shall if the offender is under the age of fourteen, order that the compensation order be paid, and any default sentence be served, by the parent or guardian of the offender instead of the offender, unless the court is satisfied that –

(a)     the parent or guardian cannot be found; or

(b)     that it would be unreasonable to make such an order having regard to the circumstances of the case.

(5)           In determining whether to make a compensation order against any person, and in determining the amount to be paid under such an order, the court shall have regard to his means so far as they appear or are made known to the court.

(6)           Where the court considers that

(a)     it would be appropriate both to impose a fine and a compensation order; but

(b)     the offender has insufficient means to pay both an appropriate fine and appropriate compensation, the court shall give preference to compensation (though it may impose a fine as well).

ARTICLE 4

Payment of compensation orders

(1)           Subject to paragraph (2) and Article 5, payment of a compensation order shall be made to the Viscount, who shall give a receipt for the payment and shall remit the payment to the person in whose favour the order was made.

(2)           A person in whose favour a compensation order is made shall not be entitled to receive the amount due to him until (disregarding any power of a court to extend the time for making an appeal) there is no further possibility of an appeal on which the order could be varied or set aside.

(3)           Where a court by or before which a person has been convicted of an offence has ordered that person to pay a fine as well as a compensation order, the Viscount shall, unless the court which made the order directs otherwise, apply any monies received from that person firstly towards the payment of the compensation order and only after the compensation order has been paid in full shall he apply monies received from that person towards payment of the fine.

ARTICLE 5

Default and enforcement

(1)           Where any default is made in the payment of a compensation order, the Viscount may take the same proceedings for the enforcement of the order as he may take in the case of a default in payment of a fine.

(2)           Where a compensation order is made allowing time for payment or directing payment by instalments, the Viscount shall not exercise his powers to enforce payment until there is a default in complying with the order.

(3)           Where a compensation order is made directing payment by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.

(4)           Where an order is made fixing a default sentence, then –

(a)     on payment of the amount ordered to be paid to the Viscount or, if the the person in respect of whom the order was made is in prison, to the governor of the prison, the order shall cease to have effect; and if the said person is in prison and is not liable to be detained for any other cause, he shall forthwith be released;

(b)     on payment to the Viscount or the governor of the prison of a part of the amount ordered to be paid, the term of the default sentence shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days in the said term as the sum paid bears to the amount ordered to be paid; and in reckoning the number of days by which a term of imprisonment is to be reduced under this sub-paragraph –

(i)      the first day of imprisonment; and

(ii)     any fraction of a day included in the reckoning; shall not be taken into account.

(5)           Any sums received by the governor of the prison under this Article shall forthwith be paid by him to the Viscount.

ARTICLE 6

Appeals

(1)           Without prejudice to Article 24 of the Court of Appeal (Jersey) Law 1961,2 a person against whom a compensation order has been made or a person who has been ordered under paragraph (2) of Article 3 to pay compensation by the Royal Court may appeal to the Court of Appeal against the order, including, a default sentence, whether or not he also appeals against his conviction or the sentence imposed for the offence in respect of which the order was made.

(2)           Articles 25 to 28 of the Court of Appeal (Jersey) Law 1961 and 30 to 38 of that Law3 shall apply mutatis mutandis to an appeal under paragraph (1) as they apply to an appeal under Article 24 of that Law.

(3)           Without prejudice to Article 14 of the Police Court (Miscellaneous Provisions) (Jersey) Law 1949,4 a person against whom a compensation order is made or a person who has been ordered under paragraph (2) of Article 3 to pay compensation by the Police Court or the Juvenile court may appeal to the Royal Court against the order, including a default sentence, whether or not he also appeals against his conviction or the sentence imposed for the offence in respect of which the order was made.

(4)           Articles 15, 16 and 17 of the Police Court (Miscellaneous Provisions) (Jersey) Law 19495 shall apply mutatis mutandis to an appeal under paragraph (3) as they apply to an appeal under Article 14 of that Law.

(5)           Where a notice of appeal or to obtain leave to appeal to the Court of Appeal against a compensation order has been given within the time specified in paragraph (1) of Article 30 of the Court of Appeal (Jersey) Law 19616 or the Court of Appeal has, pursuant to paragraph (3) of that Article extended that time, the Viscount shall not take any, or any further steps towards the enforcement of the order until after the appeal has been abandoned or determined.

(6)           Where a notice of appeal against a compensation order to the Royal Court has been lodged within the time specified in paragraph (1) of Article 15 of the Police Court (Miscellaneous Provisions) (Jersey) Law 19497 or the Royal Court has, pursuant to paragraph (3) of that Article, directed that a notice of appeal against such an order shall be treated as if given within that period, the Viscount shall not take any or any further steps towards the enforcement of the order until after the appeal has been abandoned or determined.

ARTICLE 7

Review of compensation orders

(1)           At any time before the person against whom a compensation order has been made has paid to the Viscount the whole of the compensation which the order requires him to pay, but at a time (disregarding any power of a court to grant leave to appeal out of time) when there is no further possibility of an appeal on which the order could be varied or set aside, the court which made the order may, on the application of the person against whom it was made, discharge or reduce the amount which remains to be paid if it appears to the court –

(a)     that the injury, loss or damage in respect of which the order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the order;

(b)     in the case of an order in respect of the loss of any property, that the property has been recovered by the person in whose favour the order was made;

(c)     that the person against whom the order was made has suffered a substantial reduction in his means which was unexpected at the time when the compensation order was made, and that his means seem unlikely to increase for a substantial period.

(2)           Where a court varies or discharges a compensation order under this Article it shall discharge or vary to a like extent any default sentence fixed by that order.

ARTICLE 8

Effect of compensation order on subsequent award of damages in civil proceedings

(1)           This Article shall have effect where a compensation order has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect of the same injury, loss or damage subsequently falls to be determined.

(2)           The damages in the civil proceedings shall be assessed without regard to the compensation order, but the plaintiff may only recover an amount equal to the aggregate of the following –

(a)     any amount by which they exceed the compensation; and

(b)     a sum equal to any portion of the compensation which he fails to recover,

and may not enforce the judgement, so far as it relates to a sum such as is mentioned in sub-paragraph (b), without the leave of the court.

ARTICLE 9

Amendments and repeal

(1)           Paragraphs (2), (3) and (4) of Article 2 of the “Loi (1937) sur l’atténuation des peines et sur la mise en liberté surveillée”8 shall be repealed.

(2)           Article 6 of the Police Court (Miscellaneous Provisions) (Jersey) Law 19499 shall be repealed.

ARTICLE 10

Citation and commencement

This Law may be cited as the Criminal Justice (Compensation Orders) (Jersey) Law 1994.

 

C.M. NEWCOMBE

 

Deputy Greffier of the States.



1        Volume 1968–1969, pages 249 and 338.

2        Volume 1961–1962, page 110, and Volume 1984–1985, page 187.

3        Volume 1961–1962, pages 111 and 114, and Volume 1975–1978, page 205.

4        Tome VII, page 550.

5        Tome VII, pages 550 and 551.

6        Volume 1961–1962, page 114.

7        Tome VII, page 550.

8        Tome VII, page 189.

9        Tome VII, page 547.


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