NCJ Number
57043
Journal
Justice of the Peace Volume: 140 Issue: 36 Dated: (SEPTEMBER 1976) Pages: 484-486
Date Published
1976
Length
3 pages
Annotation
IN THIS DISCUSSION OF REPARATION, IT IS POSTULATED THAT CRIMINAL COURTS MUST REGARD ALL OBJECTIVES OF SENTENCING AND SEEK TO BALANCE NEEDS PERTAINING TO CRIME PREVENTION AND OFFENDER TREATMENT AGAINST VICTIM INTERESTS.
Abstract
ENGLAND'S POWERS OF CRIMINAL COURTS ACT, PASSED IN 1973, CONTAINS PROVISIONS ALLOWING MAGISTRATE COURTS TO ISSUE COMPENSATION ORDERS IN CASES WHERE A PERSON IS CONVICTED OF AN OFFENSE. COURTS ARE EMPOWERED TO MAKE A COMPENSATION ORDER REQUIRING THE DEFENDANT TO PAY FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE RESULTING FROM THE OFFENSE CHARGED OR ANY OTHER OFFENSE TAKEN INTO CONSIDERATION. WHEN INTERVIEWING VICTIMS, POLICE OFFICERS SHOULD BE REQUIRED TO OBTAIN ADEQUATE INFORMATION REGARDING VICTIM INJURIES OR LOSS SO THAT COURTS CAN MAKE A REALISTIC REPARATION ORDER. COURTS HAVE THE POWER TO MAKE A REPARATION ORDER IN ADDITION TO DEALING WITH DEFENDANTS IN ANY OTHER WAY, AND BOTH PROSECUTION AND DEFENSE SHOULD BE AWARE THAT SUCH AN ORDER MAY EVEN BE MADE IN CONJUNCTION WITH A CUSTODIAL SENTENCE. IN ADDRESSING THE CONCEPT OF RETRIBUTION FOR CRIME, PUBLIC OPINION SHOULD NOT BE DISREGARDED AND VICTIMS WHO DESIRE TO ASSERT THEIR RIGHTS SHOULD NOT NECESSARILY BE PUT TO THE ADDITIONAL TROUBLE AND EXPENSE OF INDEPENDENT COURT PROCEEDINGS. IT IS RECOMMENDED THAT MAGISTRATE COURTS MAKE GREATER USE OF THEIR POWER TO ORDER COMPENSATION, AND THIS REQUIRES PROSECUTORS AND DEFENSE COUNSEL TO MAKE THE NECESSARY INFORMATION AVAILABLE TO ALL PARTIES, INCLUDING VICTIMS. CASE LAW IS CITED. (DEP)