Sentencing - Ancillary Orders Flashcards
What are ancillary orders in sentencing?
Additional orders or financial penalties imposed alongside the main sentence, addressing costs, compensation, property or criminal benefit
Which Courts can impose a prosecution costs order?
Mags and Crown
What is a prosecution costs order?
Order requiring D to pay a ‘just and reasonable’ amount towards prosecution costs
When can a prosecution costs order be imposed?
On conviction - either guilty plea or guilty verdict
Consequence of breaching a prosecution costs order?
Imprisonment in default of payment - and the sum remains due
What courts can impose a compensation order?
Mags and Crown
What is a compensation order?
An order requiring the D to pay financial compensation to a victim
When must a court make a compensation order?
Wherever possible unless unjust - reasons must be given if not imposed
Can a compensation order be made alongside other sentences?
Yes - it can be imposed in addition to or instead of other sentences, and takes precedence over fines
What happens if a compensation order is not paid?
- Court can allow more time to pay
- Permit instalments
- Write off part/ all (with crown court permission if necessary)
- Imprisonment in default for wilful refusal/capable neglect
Which courts can impose forfeiture and depravation orders?
Mags and Crown
What does a forfeiture and depravation order involve?
- Forfeiture - seizure of property
- Depravation - destruction of property linked to offence
When can forfeiture and depravation order be imposed?
On conviction of an offence
Are breaches common for forfeiture orders?
No - usually the police already hold the property
Which Court can impose a confiscation order?
Crown only
What is a confiscation order?
An order requiring the offender to pay the value of their criminal benefit
When can a confiscation order be imposed?
After conviction in the Crown for any offence
What is the time limit for making a confiscation order?
Must be dealt with within 2 yrs of conviction
What happens if a confiscation order is not paid?
Imprisonment in default - and the sum remains due even after serving time
