Sentencing Act 2020

Compensation orders made in respect of young offenders

139 Limit on compensation payable under compensation order of magistrates’ court in case of young offender

(1) This section applies where—

(a) a magistrates’ court is dealing with an offender for one or more offences (each, a “main offence”) of which the offender was convicted when aged under 18, and

(b) the court makes a compensation order in respect of—

(i) a main offence, or

(ii) any offence taken into consideration by the court in determining sentence for a main offence (a “TIC offence”).

(2) The compensation in respect of a main offence must not exceed £5,000.

(3) The total compensation in respect of main offences and TIC offences must not exceed £5,000 multiplied by the number of main offences.

(4) This section is subject to section 33B(5) of the Environmental Protection Act 1990 (clean-up costs relating to certain offences relating to waste).

140 Compensation order: order for payment by parent or guardian

(1) This section applies where—

(a) a court makes or is proposing to make a compensation order in respect of an offence, and

(b) the offender is aged under 18 when convicted.

(2) Section 380 (order for payment by parent or guardian) applies to the amount to be paid under any such compensation order.

(3) Subsection (4) applies for the purposes of any order made under section 380 against the offender’s parent or guardian.

(4) The references in subsections (3) and (4) of section 135 (taking account of offender’s means in determining amount of compensation) to the offender’s means are to be read as references to the means of the offender’s parent or guardian.

This is subject to subsection (5).

(5) For the purposes of any order made under section 380 against a local authority, section 135(3) does not apply.