Section 59 Amount of compensation order.C1
Scotland
In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such order, the court shall take into consideration his means so far as known to the court:
Provided that where the person is serving, or is to serve, a period of imprisonment or detention no account shall be taken, in assessing such means, of earnings contingent upon his obtaining employment after release.
In solemn proceedings there shall be no limit on the amount which may be awarded under a compensation order.
In summary proceedings—
a sheriff, or a stipendiary magistrate appointed under section 5 of the M1District Courts (Scotland) Act 1975, shall have power to make a compensation order awarding in respect of each offence an amount not exceeding the prescribed sum (within the meaning of section 289B of the M2Criminal Procedure (Scotland) Act 1975);
a judge of a district court (other than such stipendiary magistrate) shall have power to make a compensation order awarding in respect of each offence an amount not exceeding F1level 4 on the standard scale.
Annotations
Textual amendments
- F1
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 7
Marginal citations
- M1
- M2
Modifications
- C1
S. 59 (except the proviso to subsections (1)(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))
Notes on Part IV
Textual amendments
- F1
Part IV (ss. 58-67) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)