Victims of crimes often wonder if they can receive compensation from the offender, especially when suing is not financially feasible or might take a long time. To address this, courts can issue a compensation order under Section 359 of the Criminal Procedure Code (CPC). This article explains what a compensation order entails, when it can be issued, and what victims can do if compensation is not ordered or is insufficient.
What is a Compensation Order?
A compensation order allows the court to direct a convicted offender to pay the victim for losses suffered, without requiring the victim to initiate a separate civil lawsuit. It is granted in addition to any other sentence, such as jail or a fine.
When Will the Court Make a Compensation Order?
The court may issue a compensation order if it finds it appropriate, based on three main criteria:
- The compensation amount is easily calculated.
- If the harm caused by the offender can be clearly determined, a compensation order is more likely.
- If the harm caused by the offender can be clearly determined, a compensation order is more likely.
- Suing is not a better alternative.
- For instance, if the legal costs of a civil suit outweigh potential compensation or the victim can’t afford to sue, a compensation order might be more suitable.
- For instance, if the legal costs of a civil suit outweigh potential compensation or the victim can’t afford to sue, a compensation order might be more suitable.
- It does not cause financial hardship to the offender.
- The court will avoid ordering compensation if the offender lacks the means to pay.
- The court will avoid ordering compensation if the offender lacks the means to pay.
How is Compensation Calculated?
The amount is based on the actual loss suffered by the victim—such as medical expenses, lost income, or damage to property. It cannot exceed what a civil court would award, and the severity of the offence doesn’t influence the compensation amount.
Examples of Compensation Orders:
- Domestic worker abuse: Victims have received compensation for medical expenses, pain and suffering, and lost income.
- Cheating: A company director was ordered to repay schools he defrauded.
- Rape: Compensation was awarded for therapy costs.
- Physical assault: Courts consider medical costs, lost wages, and pain suffered.
- Theft: Compensation ordered when suing would not be practical.
How Is Compensation Paid?
Compensation may be paid via:
- Instalments
- Sale of the offender’s property
- Seizure of cash from the offender
If Compensation Is Not Paid
Non-payment may lead to imprisonment, subject to the court’s decision.
If Compensation Is Insufficient
Victims can still file a civil lawsuit for additional compensation. However, any amount already paid under the compensation order will be deducted from the lawsuit award.
If the Court Doesn’t Order Compensation
If no compensation is ordered, victims may apply for the Victim Assistance Scheme (VAS) through the Community Justice Centre, which offers up to $1,000 for losses like medical bills and lost income. Eligibility depends on:
- The crime happening in Singapore
- The offender being convicted of specific violent offences
- The victim not receiving compensation from the offender
Applications can be made by the victim, their guardian (if a minor), or a family member (if deceased), and must include original receipts for claimed expenses.
Conclusion
As compensation through the courts is not guaranteed, victims are encouraged to seek legal advice to understand their options for pursuing financial redress from offenders.