The Purpose of the Application
Compensation Applications are made pursuant to section 85b of the Sentencing Act 1991. Where a person is convicted of an offence which causes a form of damage or injury to another person, the victim may make an Application for Compensation.
The damage or injury may be physical or psychological in nature. If the damage or injury is a direct cause of the offence, the Court may make an order for compensation. Common examples of the types of offences include sexual offences, recklessly causing injury, culpable driving or murder.
Understanding the Process
The injured person has 12 months from the date of the conviction to make a Compensation Application. They can however, seek leave to make the application out of time depending on the circumstances.
Where the alleged offender has assets, such as a house or substantial savings, these assets may become restrained by Court Order for the purpose of satisfying any prospective Compensation Application. Assets may be restrained as early as 48 hours prior to a person being charged. Where an order for compensation is made, the restrained assets will not be released until such time as the compensation order is satisfied or a variation is sought.
How We Can Help
Grey Legal can assist with:
- Acting for convicted persons in Compensation Applications; and
- Variation of the Restraining Order.