Clause 98

by deleting subsection (1) and substituting the following subsections:“(1) The court before which an offender is convicted of any offence must, after the conviction, decide whether to make an order for the payment by the offender of compensation to any of the following persons:

a person who is injured (in respect of the person’s body, character or property) by any offence —

for which the offender is sentenced; or

that is taken into consideration under section 148 when the offender is sentenced;

a representative of a person mentioned in paragraph (a);

a dependant of a person whose death was caused by any offence —

for which the offender is sentenced; or

that is taken into consideration under section 148 when the offender is sentenced.(1A) An order under subsection (1) for the payment of compensation to a dependant of a person whose death was caused by any offence mentioned in subsection (1)(c) —

may only be made in respect of —

any damages for bereavement that may be claimed under section 21 of the Civil Law Act (Cap. 43) for the benefit of that dependant, in an action under section 20 of that Act; and

if that dependant had incurred funeral expenses in respect of that person, any damages that may be awarded under section 22(4) of the Civil Law Act in respect of those funeral expenses, in an action under section 20 of that Act; and

may be made regardless of whether there is any action brought under section 20 of the Civil Law Act for the benefit of the dependants of that person.(1B) An order under subsection (1) for the payment of compensation must specify the amount of the compensation to be paid by the offender under the order.”;

by deleting the words “such an order referred to in subsection (1)” in subsection (2) and substituting the words “an order under subsection (1)”;

by inserting, immediately after subsection (2), the following subsections:“(2A) In a case where subsection (1) empowers the court to make an order for the payment of compensation, the court must, on passing sentence, give reasons if the court does not make such an order.(2B) In deciding whether to make an order under subsection (1) for the payment of compensation, and in deciding the amount to be paid by the offender under such an order, the court must have regard to the offender’s means so far as those means appear or are known to the court.(2C) Before making an order under subsection (1) against an offender, the court may make a financial circumstances order in relation to the offender.(2D) Before the court decides whether to make an order under subsection (1) for the payment of compensation to a person mentioned in subsection (1)(a), a representative mentioned in subsection (1)(b), or a dependant mentioned in subsection (1)(c) —

the person, representative or dependant (as the case may be) must be notified, in the manner prescribed in the Criminal Procedure Rules, of the proceedings in which the court will decide whether to make the order; and

the person, representative or dependant (as the case may be) is entitled to adduce evidence, and to make submissions, in relation to the order, at those proceedings.(2E) Despite subsection (2D), none of the following persons may appeal under section 377 against an order under subsection (1):

a person mentioned in subsection (1)(a);

a representative mentioned in subsection (1)(b);

a dependant mentioned in subsection (1)(c).”; and

by inserting, immediately after subsection (5), the following subsection:“(6) In this section —“dependant” means a person mentioned in section 20(8)(a) to (e) or 21(2)(a) to (e) of the Civil Law Act;“financial circumstances order”, in relation to an offender, means an order that —

requires the offender to give to the court, within a period specified in the order, any statement and evidence of the offender’s financial circumstances that the court may require; and

if the offender is below 18 years of age, requires a parent of the offender to give to the court, within a period specified in the order, any statement and evidence of the parent’s financial circumstances that the court may require;“parent” includes an adoptive parent.”.