Section 41 — Gas Supply Enactment 2023

(a)

an order for the payment by that person of the costs of his prosecution or any part thereof as may be agreed by the Public Prosecutor;

(b)

an order for the payment by that person of a sum to be fixed by the court as compensation to any person who is the victim of the offence committed by that person in respect of the injury to his person or character, or loss of his income or property, as a result of the offence committed.

(2)

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

(3)

The court shall, in making an order under paragraph (1)(b), 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;

(e)

the loss of income incurred by the victim;

(f)

the ability of the person convicted of any offence under this Enactment to pay;

and

(g)

any other factors which the court deems relevant.

(4)

For the purpose of making an order under paragraph (1)(b), the court may hold an inquiry as the court thinks fit.

(5)

The court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and section 42, except paragraph (1)(d), shall be applicable to any order made under this section.

(6)

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.

(7)

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 his representatives for

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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.

(8)

Every order made under this section shall be appealable.

Provisions as to money payable as costs or compensation