Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps her Department is taking to ensure there is adequate enforcement of unfulfilled court compensation orders.

Courts may impose a compensation order on an offender requiring them to make financial reparation to the victim for any personal injury, loss or damage resulting from the offence. Compensation may be ordered for such amount as the court considers appropriate having regard to any evidence including any representations made by the offender or prosecutor. There is no limit on the value of a single compensation order handed down to an adult offender. For young offenders, the maximum limit is £5,000.

Financial penalties imposed by the courts will often consist of multiple elements including, amongst others, compensation, victim surcharge, prosecutor’s costs and a fine. The imposition is enforced as a whole, and any receipts received are applied to the offender’s account in accordance with a strict legal hierarchy. This ensures that compensation is paid first to ensure that victims receive any monies they are due first, with the victim surcharge being the second element to be collected and the fine element being the last to be collected.

The courts will do everything within their powers to trace those who do not pay and use a variety of means to ensure the recovery of criminal fines and financial penalties. This includes deducting money from an offender’s earnings, or benefits if they are unemployed, or, if appropriate, issuing warrants instructing approved enforcement agents to seize and sell goods belonging to the offender. Offenders can also be imprisoned for up to 12 months for non-payment of compensation orders.

HM Courts & Tribunals Service is already investing over £14 million in technology to increase the collection of financial penalties imposed in the criminal courts, including compensation orders, with a replacement IT system currently under development.