Criminal Justice (Scotland) Act 1980

58 Compensation order against convicted person. S

(1) Subject to subsection (3) below, where a person is convicted of an offence the court, instead of or in addition to dealing with him in any other way, may make an order (in this Act referred to as “a compensation order”) requiring him to pay compensation for any personal injury, loss or damage caused (whether directly or indirectly) by the acts which constituted the offence:

Provided that it shall not be competent for a court to make a compensation order—

(a) where, under section 182 of the 1975 Act, it makes an order discharging him absolutely;

(b) where, under section 183 of that Act, it makes a probation order; or

(c) at the same time as, under section 219 or 432 of that Act, it defers sentence.

(2) Where, in the case of an offence involving the dishonest appropriation, or the unlawful taking and using, of property or a contravention of section 175(1) of the M1 Road Traffic Act 1972 (taking motor vehicle without authority etc.) the property is recovered, but has been damaged while out of the owner’s possession, that damage (however and by whomsoever it was in fact caused) shall be treated for the purposes of subsection (1) above as having been caused by the acts which constituted the offence.

(3) No compensation order shall be made in respect of—

(a) loss suffered in consequence of the death of any person; or

(b) injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road, except such damage as is treated, by virtue of subsection (2) above, as having been caused by the convicted person’s acts.

Modifications etc. (not altering text)

C1 S. 58(2)(3) extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 183(5B), 384(5B) (as inserted by Criminal Justice (Scotland) Act 1987 (c.41, SIF 39:1), ss. 47(4)(a), 65(1)(2)(a)(b))

Marginal Citations

M1 1972 c. 20.