Sentencing Act 2020

143 Review of compensation orders

(1) This section applies where—

(a) a compensation order has been made,

(b) there is no further possibility of the compensation order being varied or set aside on appeal (disregarding any power to grant leave to appeal out of time), and

(c) the person against whom it was made has not paid into court the whole of the amount required to be paid under the order.

(2) The appropriate court may, on the application of the person against whom the order was made—

(a) discharge the order, or

(b) reduce the amount which remains to be paid.

This is subject to subsection (3).

(3) The appropriate court may exercise that power only—

(a) if it appears to the court that the injury, loss or damage in respect of which the compensation 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) if, in the case of a compensation order in respect of the loss of any property, it appears to the court that the property has been recovered by the person in whose favour the order was made, or

(c) if—

(i) it appears to the court that the means of the person against whom the order was made are insufficient or have been reduced (see subsections (5) and (6)), and

(ii) where the compensation order was made by the Crown Court, the appropriate court has obtained the consent of the Crown Court.

(4) Subsections (5) to (7) apply for the purposes of subsection (3)(c).

(5) The person’s means are “insufficient” if they are not sufficient to satisfy in full—

(a) the compensation order, and

(b) every order of any of the following kinds made against the person in the same proceedings—

(i) a confiscation order under Part 6 of the Criminal Justice Act 1988 or Part 2 of the Proceeds of Crime Act 2002;

(ii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(iii) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(6) The person’s means “have been reduced” if they—

(a) have unexpectedly been substantially reduced since the compensation order was made, and

(b) seem unlikely to increase for a considerable period.

(7) If the compensation order was made on appeal it is to be treated—

(a) if made on an appeal from a magistrates’ court, as if made by that magistrates’ court;

(b) if made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

as if made by the Crown Court.