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	Statutes of Northern Ireland
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CRIMINAL DAMAGE (COMPENSATION) (NORTHERN IRELAND) ORDER 1977

CRIMINAL DAMAGE (COMPENSATION) (NORTHERN IRELAND) ORDER 1977 - LONG
TITLE

[26th July 1977]
[{2}(Northern Ireland) Order 1980| and the appeal were brought under
Part VI of that Order]. B>(6) Nothing in this Order or in any
county court rule or in any other statutory provision whatsoever
shall authorise the Secretary of State or the court to extend the
time for bringing an appeal under this Article. N Recovery from
offender A > 16. (1) Where C >>( a ) any person is convicted of
a criminal offence; and C >>( b ) compensation has been paid or
is payable in respect of any damage to, or unlawful removal of,
property directly attributable to that offence, B a court may, on
an application made to it by the Secretary of State, make an order
directing the offender to reimburse to the Secretary of State an
amount equal to the whole or any specified part of the amount of
the compensation paid or payable. B>(2) Any such order may be for
the payment by the offender of a lump sum or of periodical
payments during a specified period, or both, and, in any event,
shall be enforceable in the same manner as a county court decree
for a debt is enforceable. B>(3) Before making an order under this
Article, the court shall C >>( a ) give the offender an
opportunity to be heard; and C >>( b ) have regard to the
financial position of the offender, his employment, the possibilities
of his future employment, his liabilities to his family and
otherwise and such other circumstances as the court considers
relevant; B and may, for the purposes mentioned in sub-paragraph (
b ), obtain and consider a report from a probation officer. B>(4)
The court may at any time, on the application of the Secretary of
State or of the offender, vary an order under this Article in such
manner as it thinks fit. B>(5) In considering an application under
paragraph (4), the court shall have regard to C >>( a ) any fresh
evidence which has become available; C >>( b ) any change of
circumstances which has occurred since the making of the order or,
as the case may be, any previous variation of the order, or which
is likely to occur; and C >>( c ) any other matter which the
court considers relevant. B >(6) Where the total amount paid to the
Secretary of State under this Article and under Article 17 in
respect of any loss suffered for damage to, or unlawful removal of,
property exceeds the amount of compensation paid by him in respect
of that damage or unlawful removal the Secretary of State shall
repay the excess to the offender or, as the case may be, to the
applicant. B>(7) In this Article and in Article 17 ""compensation''
includes C >>( a ) any costs awarded, on an appeal under Article
15, to any person other than the Secretary of State; C >>( b )
any expenses incurred by the Secretary of State in recovering, or
attempting to recover, any compensation from the offender or the
applicant; and C >>( c ) any sum paid by the Secretary of State
under Article 12(5). N Recovery from applicant A > 17. (1) Where C
>>( a ) compensation is paid to or for the benefit of any
applicant under this Order; and C >>( b ) there has been or is
subsequently paid to or for the benefit of the applicant by way of
reparation or damages from the offender or on the offender's behalf
any sum which has not been taken into account under Article 10(1)(
c ) at the time of assessing compensation, B the person receiving
any such sum shall forthwith notify the Secretary of State and
shall, subject to paragraph (2), forthwith reimburse to the Secretary
of State N >>(i) the amount of the compensation paid to or for
the benefit of the applicant, if that amount is equal to or less
than that sum; or E >>(ii) that sum, if the amount of the
compensation paid is greater; B but so that no person shall be
required by virtue of this paragraph to reimburse, in all, to the
Secretary of State more than the amount of the compensation paid by
the Secretary of State in respect of the application to which the
compensation relates. B>(2) Where compensation is paid to or for the
benefit of any applicant and civil proceedings have been or are
subsequently instituted in any court against the offender as a
result of the act which gave rise to the claim for compensation
and C >>( a ) that court awards damages against the offender in
favour of the applicant; or C >>( b ) the parties agree to settle
the proceedings in consideration of the payment by the offender to
or for the benefit of the applicant of an agreed amount of
damages; B that court may order the offender to pay the damages so
awarded or agreed, or any part thereof, into court. B>(3) Where a
court makes an order under paragraph (2) C >>( a ) it shall
direct E >> >(i) the payment to the Secretary of State out of any
money paid into court under its order of such amount or sum as
would have been reimbursed to him under paragraph (1) if that money
had been paid to or for the benefit of the applicant, and E >>>
(ii) that the balance, if any, of the money paid into court under
this Order shall be paid to the applicant or otherwise dealt with
for the benefit of the applicant as the court may, in the
circumstances of the case, consider proper; and C >>( b ) any
amount or sum so paid to the Secretary of State by virtue of the
direction of the court shall be deemed to have been paid to the
Secretary of State under paragraph (1). B >(4) Where, on an
application made to it by the Secretary of State, the county court
is satisfied C >>( a ) that the Secretary of State has paid
compensation to any person; but C >>( b ) that that person failed
to make full and true disclosure of all the facts material to the
determination of the application, B the county court may make an
order requiring that person to reimburse to the Secretary of State
the compensation or such part of it as the court may specify.
B>(5) Any sum required to be reimbursed under paragraph (1), (3) or
(4) and not so reimbursed C >>( a ) shall be recoverable as a
debt due to the Secretary of State; C >>( b ) may, without
prejudice to the right of the Secretary of State to sue in the
High Court or to any other remedy for the recovery thereof, and
irrespective of the amount thereof, be recoverable by the Secretary
of State in the county court by civil bill or summarily as a
civil debt. B >(6) Any person who, being required by paragraph (1)
to notify the Secretary of State of the receipt of any sum by way
of reparation or damages, fails to do so without reasonable cause
shall, without prejudice to his liability under that paragraph to
reimburse any sum to the Secretary of State, be guilty of an
offence and shall, on summary conviction, be liable to imprisonment
for a term not exceeding six months or to a fine not exceeding
#500 or to both. B>(7) In this Article ""offender'' includes any
person who committed the act which gave rise to the claim for
compensation. N Evidence ]

CRIMINAL DAMAGE (COMPENSATION) (NORTHERN IRELAND) ORDER 1977 - SECT
19

19.(1) Any person who

(a)by any deception (as defined in section 15(4) of the Theft Act
(Northern Ireland) 1969) obtains compensation or increased compensation
for himself or for any other person; or

(b)for the purposes of obtaining any compensation, knowingly, in or
in connection with an application to the Secretary of State or
otherwise, makes a false or misleading statement or a statement
which he does not believe to be true or fails to disclose a
material fact,

(2) A person guilty of an offence under paragraph (1) shall be
liable

(a)on conviction on indictment, to a fine or to imprisonment for a
term not exceeding five years, or to both; or

(b)on summary conviction, to a fine not exceeding #1,000 or to
imprisonment for a term not exceeding one year, or to both.

CRIMINAL DAMAGE (COMPENSATION) (NORTHERN IRELAND) ORDER 1977 - SECT
20

20. Any sums received by the Secretary of State under this Order
shall be paid into the Consolidated Fund of the United Kingdom.

CRIMINAL DAMAGE (COMPENSATION) (NORTHERN IRELAND) ORDER 1977 - SECT
21

21.(1) The Secretary of State may by order substitute a different
amount for that for the time being specified in Article 6 and in
paragraphs (6) and (7) of Article 10.

(2) The Secretary of State may make regulations prescribing any
matter which is required or permitted to be prescribed under this
Order or which is necessary or expedient for giving effect to the
provisions of this Order.

(3) Regulations under this Article may require the Chief Constable
to furnish to the Secretary of State such reports and information
as the Secretary of State may require regarding any damage or loss
in respect of which a preliminary notice has been served under this
Order or in respect of which an application for compensation has
been made or as may otherwise appear to the Secretary of State to
be necessary for the purposes of the due execution of this Order.

(4) Orders under paragraph (1) and regulations made by the Secretary
of State under this Order shall be subject to annulment in
pursuance of a resolution of either House of Parliament in the like
manner as a statutory instrument and section 5 of the Statutory
Instruments Act 1946 shall apply accordingly.In the matter of an
application by.

I, [Assistant] [Deputy] Chief Constable of the Royal Ulster
Constabulary hereby certify that the act specified below was, in my
opinion, committed maliciously by a person acting on behalf of or
in connection with an unlawful association within the meaning of the
Criminal Damage (Compensation) (Northern Ireland) Order 1977. [I
further certify that it is not in the public interest to disclose
the information on which this certificate is based.]

.