Criminal Justice Act 1988

Compensation for victim out of forfeited property E+W

107 Power to make order applying proceeds of sale of property forfeited by offender for benefit of victim. E+W

(1) The following section shall be inserted after section 43 of the M1 Powers of Criminal Courts Act 1973—

“43A Application of proceeds of forfeited property.

(1) Where a court makes an order under section 43 above in a case where—

(a) the offender has been convicted of an offence which has resulted in a person suffering personal injury, loss or damage; or

(b) any such offence is taken into consideration by the court in determining sentence,

the court may also make an order that any proceeds which arise from the disposal of the property and which do not exceed a sum specified by the court shall be paid to that person.

(2) The court may only make an order under this section if it is satisfied that but for the inadequacy of the means of the offender it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the specified amount.

(3) An order under this section has no effect—

(a) before the end of the period specified in section 43(4)(a) above; or

(b) if a successful application under section 1(1) of the Police (Property) Act 1897 has been made.”.

Marginal Citations

M1 1973 c. 62.