The Criminal Procedure Rules 2020

Application to vary or discharge a compensation, etc. order E+W

28.5.—(1) This rule applies where on application by the defendant a magistrates’ court can vary or discharge—

(a) a compensation order; or

(b) a slavery and trafficking reparation order.

(2) A defendant who wants the court to exercise that power must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on the magistrates’ court officer;

(c) where the order was made in the Crown Court, serve a copy of the application on the Crown Court officer; and

(d) in the application, specify the order that the defendant wants the court to vary or discharge and explain (as applicable)—

(i) what civil court finding shows that the injury, loss or damage was less than it had appeared to be when the order was made,

(ii) in what circumstances the person for whose benefit the order was made has recovered the property for the loss of which it was made,

(iii) why a confiscation order, unlawful profit order or slavery and trafficking reparation order makes the defendant now unable to pay compensation or reparation in full, or

(iv) in what circumstances the defendant’s means have been reduced substantially and unexpectedly, and why they seem unlikely to increase for a considerable period.

(3) The court officer must serve a copy of the application on the person for whose benefit the order was made.

(4) The court must not vary or discharge the order unless—

(a) the defendant, and the person for whose benefit it was made, each has had an opportunity to make representations at a hearing (whether or not either in fact attends); and

(b) where the order was made in the Crown Court, the Crown Court has notified its consent.

[Note. For the circumstances in which—

(a) the court may make a compensation order, see [F1 section 133 of the Sentencing Act 2020];

(b) the court may make a slavery and trafficking reparation order, see section 8 of the Modern Slavery Act 2015(1);

(c) a magistrates’ court with power to enforce such an order may vary or discharge it under [F2 the 2020 Act, see section 143]. (Under [F2 “section 143(3)], where the order was made in the Crown Court, the magistrates’ court must first obtain the Crown Court’s consent.)]

Textual Amendments

F1 Words in rule 28.5 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 14(d)(i)

F2 Words in rule 28.5 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 14(d)(ii)

Commencement Information

I1 Rule 28.5 in force at 5.10.2020, see Preamble

(1)

2015 c. 30.