Sentencing - Ancillary Orders Flashcards
(19 cards)
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
