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| You are here: BAILII >> Databases >> Northern Irish Legislation >> CRIMINAL DAMAGE (COMPENSATION) (NORTHERN IRELAND) ORDER 1977 | ||
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[26th July 1977] [{2}(Northern Ireland) Order 1980| and the appeal were
brought under Part VI of that Order]. B>(6) Nothing in this Order or in any
county court rule or in any other statutory provision whatsoever shall
authorise the Secretary of State or the court to extend the time for bringing
an appeal under this Article. N Recovery from offender A > 16. (1) Where C >>(
a ) any person is convicted of a criminal offence; and C >>( b ) compensation
has been paid or is payable in respect of any damage to, or unlawful removal
of, property directly attributable to that offence, B a court may, on an
application made to it by the Secretary of State, make an order directing the
offender to reimburse to the Secretary of State an amount equal to the whole
or any specified part of the amount of the compensation paid or payable. B>(2)
Any such order may be for the payment by the offender of a lump sum or of
periodical payments during a specified period, or both, and, in any event,
shall be enforceable in the same manner as a county court decree for a debt is
enforceable. B>(3) Before making an order under this Article, the court shall
C >>( a ) give the offender an opportunity to be heard; and C >>( b ) have
regard to the financial position of the offender, his employment, the
possibilities of his future employment, his liabilities to his family and
otherwise and such other circumstances as the court considers relevant; B and
may, for the purposes mentioned in sub-paragraph ( b ), obtain and consider a
report from a probation officer. B>(4) The court may at any time, on the
application of the Secretary of State or of the offender, vary an order under
this Article in such manner as it thinks fit. B>(5) In considering an
application under paragraph (4), the court shall have regard to C >>( a ) any
fresh evidence which has become available; C >>( b ) any change of
circumstances which has occurred since the making of the order or, as the case
may be, any previous variation of the order, or which is likely to occur; and
C >>( c ) any other matter which the court considers relevant. B >(6) Where
the total amount paid to the Secretary of State under this Article and under
Article 17 in respect of any loss suffered for damage to, or unlawful removal
of, property exceeds the amount of compensation paid by him in respect of that
damage or unlawful removal the Secretary of State shall repay the excess to
the offender or, as the case may be, to the applicant. B>(7) In this Article
and in Article 17 ""compensation'' includes C >>( a ) any costs awarded, on an
appeal under Article 15, to any person other than the Secretary of State; C
>>( b ) any expenses incurred by the Secretary of State in recovering, or
attempting to recover, any compensation from the offender or the applicant;
and C >>( c ) any sum paid by the Secretary of State under Article 12(5). N
Recovery from applicant A > 17. (1) Where C >>( a ) compensation is paid to or
for the benefit of any applicant under this Order; and C >>( b ) there has
been or is subsequently paid to or for the benefit of the applicant by way of
reparation or damages from the offender or on the offender's behalf any sum
which has not been taken into account under Article 10(1)( c ) at the time of
assessing compensation, B the person receiving any such sum shall forthwith
notify the Secretary of State and shall, subject to paragraph (2), forthwith
reimburse to the Secretary of State N >>(i) the amount of the compensation
paid to or for the benefit of the applicant, if that amount is equal to or
less than that sum; or E >>(ii) that sum, if the amount of the compensation
paid is greater; B but so that no person shall be required by virtue of this
paragraph to reimburse, in all, to the Secretary of State more than the amount
of the compensation paid by the Secretary of State in respect of the
application to which the compensation relates. B>(2) Where compensation is
paid to or for the benefit of any applicant and civil proceedings have been or
are subsequently instituted in any court against the offender as a result of
the act which gave rise to the claim for compensation and C >>( a ) that court
awards damages against the offender in favour of the applicant; or C >>( b )
the parties agree to settle the proceedings in consideration of the payment by
the offender to or for the benefit of the applicant of an agreed amount of
damages; B that court may order the offender to pay the damages so awarded or
agreed, or any part thereof, into court. B>(3) Where a court makes an order
under paragraph (2) C >>( a ) it shall direct E >> >(i) the payment to the
Secretary of State out of any money paid into court under its order of such
amount or sum as would have been reimbursed to him under paragraph (1) if that
money had been paid to or for the benefit of the applicant, and E >>> (ii)
that the balance, if any, of the money paid into court under this Order shall
be paid to the applicant or otherwise dealt with for the benefit of the
applicant as the court may, in the circumstances of the case, consider proper;
and C >>( b ) any amount or sum so paid to the Secretary of State by virtue of
the direction of the court shall be deemed to have been paid to the Secretary
of State under paragraph (1). B >(4) Where, on an application made to it by
the Secretary of State, the county court is satisfied C >>( a ) that the
Secretary of State has paid compensation to any person; but C >>( b ) that
that person failed to make full and true disclosure of all the facts material
to the determination of the application, B the county court may make an order
requiring that person to reimburse to the Secretary of State the compensation
or such part of it as the court may specify. B>(5) Any sum required to be
reimbursed under paragraph (1), (3) or (4) and not so reimbursed C >>( a )
shall be recoverable as a debt due to the Secretary of State; C >>( b ) may,
without prejudice to the right of the Secretary of State to sue in the High
Court or to any other remedy for the recovery thereof, and irrespective of the
amount thereof, be recoverable by the Secretary of State in the county court
by civil bill or summarily as a civil debt. B >(6) Any person who, being
required by paragraph (1) to notify the Secretary of State of the receipt of
any sum by way of reparation or damages, fails to do so without reasonable
cause shall, without prejudice to his liability under that paragraph to
reimburse any sum to the Secretary of State, be guilty of an offence and
shall, on summary conviction, be liable to imprisonment for a term not
exceeding six months or to a fine not exceeding #500 or to both. B>(7) In this
Article ""offender'' includes any person who committed the act which gave rise
to the claim for compensation. N Evidence ]
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