HC Deb 23 July 1980 vol 989 c634
Mr. Russell Johnston

I beg to move amendment No. 166, in page 48, line 4, after 'court', insert— 'and the nature and extent of the injury, loss or damage caused directly or indirectly by the acts which constituted the offence.'. The clause states that in determining whether to make an order for compensation and the amount to be paid under such an order, the court shall take into consideration the person's means, so far as they are known. The amendment might be superfluous, but the Bill does not seem to state that the court shall take into consideration injuries that cause the making of an award. That should be a desirable objective. Presumably it is also desirable that such an award should not vary too much from that which one may obtain through civil proceedings.

The Solicitor-General for Scotland

I appreciate the concern of the hon. Member for Inverness (Mr. Johnston). However, as he anticipated, it is unnecessary. The court can deal with a person by any other means, and will inevitably take into consideration the means of the person—in other words, the intelligence of the sentence of a compensation order.

It is intended to be a simple process. I hope that it will work. The court would in no circumstances be likely to apply a compensation order unless it was appropriate in all the circumstances, one of which of course is whether the person can fulfil it.

Amendment negatived.

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