5.5 Sentencing - ancillary orders

Question 1

When can a prosecution costs order be imposed?

Answer 1

Section 18(1) Prosecution of Offences Act 1985
Where D is convicted in the Crown Court or Mags or the Crown Court dismisses an appeal.

Question 2

How much can the court order to be paid in a prosecution costs order?

Answer 2

Section 18(1) POA
such order ... as it considers just and reasonable.

Question 3

What can compensation orders be made to pay for?

Answer 3

Section 130(1) PCC(S)A
(a)
to pay compensation for any personal injury, loss or damage resulting from that offence or any other offence which is taken into consideration…
(b)
to make payments for funeral expenses or bereavement…

Question 4

What is a surcharge?

Answer 4

An additional charge which offenders must usually pay on conviction to contribute towards court costs.

Question 5

When should the court order a compensation order?

Answer 5

Section 130 PCC(S)A

(2A)
A court must consider making an order where it has the power
(3)
A court shall give reasons if it does not make an order
(4)
The court should hear representations from both sides before making an order

Question 6

What happens where D breaches a compensation order?

Answer 6

D is brought back to a Magistrates court (even if sentenced in the Crown Court). The court may:
1.
Allow D more time to pay;
2.
Require D to pay in instalments;
3.
Write off some or all of the order; or
4.
Where D wilfully refuses to pay or culpable neglects to pay, sentence D to imprisonment in default.

Question 7

What is a forfeiture or deprivation order?

Answer 7

An order allowing forfeiture or destruction of property, generally where the property was implicated in crime.

Question 8

When can a deprivation order be made?

Answer 8

Section 143 PCC(S)A
1.
Property used or intended to be used for crime or to facilitate crime;
2.
D unlawfully possessed the property.

Question 9

What is a confiscation order?

Answer 9

An order pursuant to the Proceeds of Crime Act 2000 under which D must pay money to the court representing D’s benefit from her “criminal lifestyle”.

Only available in the Crown Court.

Question 10

Is forfeiture or deprivation punitive or compensatory?

Answer 10

Scully (1985) 7 Cr App R (S) 119
Punitive - it forms part of the global penalty so weigh it alongside any other penalty in order to be just and proportionate.