Section 426 — CRIMINAL PROCEDURE CODE

(a)

in its discretion, may make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof as may be agreed by the Public Prosecutor; or

(b)

where—

(i)

the prosecution of the convicted accused involves evidence obtained pursuant to a request made under the Mutual Assistance in Criminal Matters Act 2002 [Act 621]; or

(ii)

the accused has obtained pecuniary gain, upon the application of the Public Prosecutor, shall make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof, the sum of which is to be fixed by the Court as may be agreed by the Public Prosecutor.

(1A)

Without prejudice to subsection (1), the Court before which an accused is convicted of an offence shall, upon the application of the

Public Prosecution, make an order against the convicted accused for the payment by him, or where the convicted accused is a child, by his parent or guardian, of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused in respect of the injury to his person or character, or loss of his income or property, as a result of the offence committed.

(1B)

Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person.

(1C)

The Court shall, in making an order under subsection (1A), take into consideration the following factors:

(a)

the nature of the offence;

(b)

the injury sustained by the victim;

(c)

the expenses incurred by the victim;

(d)

the damage to, or loss of, property suffered by the victim;

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(e)

the loss of income incurred by the victim;

(f)

the ability of the convicted accused to pay; and

(g)

any other factors which the Court deems relevant.

(1D)

For the purpose of making an order under subsection (1A), the

Court may hold an inquiry as it thinks fit.

(2)

The Court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and section 432

[except paragraph (1)(d)] shall be applicable to any order made under this section.

(3)

The Court may direct that an order for payment of costs, or an order for payment of compensation, shall have priority, and, if no direction is given, an order for payment of costs shall have priority over an order for payment of compensation.

(4)

To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or representatives for damages sustained by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.

(5)

Every order made under this section by a Magistrate shall be appealable to the High Court.

Payment of expenses of prosecutors and witnesses