Security Manual by David Brooksbank

Author:David Brooksbank
Language: eng
Format: epub, pdf
Publisher: Routledge

Compensation

Where an individual or organisation has suffered loss through a criminal act, in the interest of their insurers or shareholders, and as a deterrent against a possible recurrence, they should consider how best to obtain compensation from any person subsequently convicted of the offence. Civil proceedings for compensation may be expensive, unpredictable in outcome and extremely long-winded, but a potential remedy is vested in the power of the court that convicts the culprit.

The Powers of Criminal Courts Act 1973 (Section 35) empowers a convicting court, in addition to dealing with the offender in any other way, on application or otherwise, to make an order requiring the convicted person to pay compensation for any personal injury, loss or damage resulting from their offence, or any other offence which the accused has had taken into consideration by the court in determining sentence. ‘Offence’ is not restricted to theft. It is equally applicable to property damage, physical injury and other sources of loss – for example, the financial loss occasioned after a ‘bomb hoax’ telephone call. There are exclusions, with offences under the Road Traffic Acts being the main ones, although a vehicle damaged during the commission of a Theft Act offence (taking and driving away) could be the subject of a claim.

The power is one that the court may use. Compensation is not automatic, nor will it be awarded if the circumstances are complicated. Victims of crime are usually given a court compensation application form by the police investigating officer, and where compensation is required, this form should be completed and sent directly to the court. Security officers giving a statement should insist on including that their employer wishes the court to exercise its powers to make a compensation award. This is all the more important as it may induce the Crown Prosecution Service to press proceedings when otherwise a contentious decision not to do so might have been made, thereby depriving the complainant of the right to a compensation award.

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