Ancillary orders Flashcards
When can the convicted offender b required to pay costs?
where it is just and reasonable to do so
What are the guidelines for the setting of costs?
Should not exceed what D can pay
Should not exceed what it is reasonable for D to pay
Cannot exceed the amount P has actually and reasonably incurred
Costs should not be grossly disproportionate to any fine imposed. If the mix is unaffordable, costs should be reduced before the fine
D should disclose financial position & should be allowed to make submissions
When would a surcharge be imposed?
When imposing a sentence (not an absolute discharge or order under mental health act)
What is a compensation order?
Order or someone convicted to pay compensation for:
PI/loss or damage from offence
Funeral costs/bereavement
What has preference, compensation or fine?
Compensation
What is a deprivation order?
Deprives D of property which is connected with the commission of an offence.
Property is seized and held by police, and an application can be made by real owner
What is an order for forfeiture?
It changes the ownership of the property straight away. Available for specific offences
What must the court be satisfied of before making a deprivation or forfeiture order?
That the property was used or was intended to be used to facilitate the commission of an offence
Can the court make a deprivation or forfeiture order which impacts another’s property rights?
No - so unlikely to be used in cases of joint ownership or where someone has borrowed something
Do forfeiture or deprivation orders apply to real property?
No
What is a confiscation order?
Made under proceeds of crime act 2002
Designed to recover from D an amount not exceeding D’s proceeds from crime
What is the procedure for a confiscation order?
If P asks for such an order, a confiscation hearing is mandatory
When can confiscation not be ordered?
Where there are civil proceedings expected
Where the order would be disproportionate
Who can exercise the power of a confiscation order?
Crown court
Mags should commit if requested by P
When can a confiscation order be made?
Before sentence or up to 2 years from date of conviction
What is the effect of a delay in a considering whether to impose a confiscation order?
The court cannot impose other financial penalties in the delay (such as a compensation order or fine)
