The court must not order compensation if satisfied that the defendant does not have the means to pay it or such an order would unduly prejudice the welfare of his/her dependants (except for the Victims of Crime Levy) [Criminal Law Sentencing Act 1988 (SA) s 13(1)].
The court should give priority to compensation over fines [see Criminal Law Sentencing Act 1988 (SA) s 14].
Compensation ordered to be paid should be paid to the court that ordered the payment which will then forward it to the person to be compensated.
A victim of crime may also be able to make a claim for personal injury through the Criminal Injuries Compensation Fund, see Victims of Crime Compensation.
The Victims of Crime Act 2001 (SA) deals with the treatment of victims of crime in the criminal justice system and provides limited rights to statutory compensation for injury suffered as a result of the commission of criminal offences. Under this act the courts have certain powers to order compensation for loss suffered. A court may order a defendant to pay compensation to a person for injury or loss sustained by that person through the crime. Any such award of payment under this Act is independent of the sentencing process.
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