Ancillary orders - syllabus area 25 Flashcards
(41 cards)
who shall a convicted accused or unsuccessful appellant or person in breach of various court orders pay costs to?
the prosecutor. or where the appellant is unsuccessful in the court of appeal, to the prosecutor or other named third party - D33.24
where a court makes an order for payment of prosecution costs, it orders an amount that it considers what?
just and reasonable - D33.35
The sum must be specified in the order
the court may not delegate the duty of determining what D would pay, but may seek assistance from who?
the criminal cases unit of the Legal Aid authority or registration of criminal appeals - D33.25
the CPS publish average costs for proceedings brought by them, other prosecutors or claimants must do what?
justify the amount claimed and its connection the the particular prosecution. they cannot rely on a general agreement with the court -D33.25
an order should be made under what Act?
the Prosecution of Offences Act 1985, s.18 - D33.27
Whenever the court is imposing a financial penalty or making an order for costs, it must have regard to the financial means of the party. True or false?
True - D33.27
the amount of costs ordered should not exceed the sum which the prosecutor has actually and reasonably incurred
any costs ordered should not be grossly disproportionate to any fine imposed. what happens when the fine and costs exceed the sum that D could be reasonably expected to pay?
the costs should be reduced rather than the fine - D33.27
What should D do when facing a fine or an order as to costs?
D should disclose to the magistrates the data relevant to their financial position. Failure to make the disclosure could lead the court to draw reasonable inferences as to D’s means -D33.27
what is the maximum period that a length of payment may be up to?
three years - D33.27
When imposing sentence on an offender, what else are the magistrates’ and crown court normally required to impose?
a surcharge - E1.34
where the court considers it appropriate to make:
a compensation order
an unlawful profit order
a slavery and trafficking reparation order
but the offender has insufficient means to pay the surcharge and the order, what must the court do?
reduce the surcharge accordingly (if necessary to nil)
where an offender is under 18 and is required to pay a surcharge, how do the courts deal with it?
- orders for payment by the parent or guardian applies to the surcharge
- the section should be read as if the reference to the offender’s means were to the means of the offender’s parent or guardian - E1.34
When does the court not ‘deal’ with a person?
if it discharges the person absolutely or makes an order under the Mental Health Act 1983 - E1.34
What is a compensation order?
An order requiring the offender to pay compensation for any personal injury, loss or damage resulting from the offence or any other offence which is taken into consideration by the court in determining sentence for the offence
OR to make payments for funeral expenses or bereavement in respect of a death resulting from Any such offence - E6.1
A compensation order may be imposed on an offender ‘instead of or in addition to dealing with him any other way’. True or false?
True - E6.15
a compensation order may be combined with a discharge
can a compensation order be combined with a custodial sentence?
yes, where it appears that the offender is clearly able to pay or has good prospects of employment on release from custody - E6.15
Can a custodial sentence be suspended because of the offender’s inability to pay compensation?
no, it cannot be suspended - E6.15
where it would be appropriate to impose a fine and to make a compensation order but the offender has insufficient means to pay both, how do the courts deal with it?
the compensation order will be given preference, though the court may impose a fine as well. the fine should be reduced or if necessary dispensed with altogether to enable the compensation to be paid - E6.15
If the offender has insufficient means to pay a surcharge imposed, as well as a compensation order, how do the courts deal with this?
the surcharge should be reduced, if necessary to nil, to enable the compensation to be paid - E6.15
What is a deprivation order?
an order made in respect of an offender for an offence and deprives the offender of any rights in the property to which it relates - E8.1
A deprivation order applies to which court?
the court by or before which an offender is convicted of an offence
what type of property does a deprivation order apply?
property lawfully seized from the offender or
was in the offender’s possession or under the offender’s control when-
i) the offender was apprehended for the offence, or
ii) a summons in respect of it was issued - E8.1
The court makes a deprivation order when what is satisfied?
when the court is satisfied that the property has been used for the purpose of committing or facilitating the commission of any offence, or
was intended by the offender to be used for that purpose - E8.1
What does facilitating the commission of an offence include?
- taking any steps after it has been committed for the purpose of
disposing any property to which the offence relates
or avoiding apprehension or detection - E8.1
