SENTENCING ACT 1991 - SECT 105S No entitlement to compensation

SENTENCING ACT 1991 - SECT 105S

    (1)     A person who has an expunged conviction is not entitled to compensation of any kind, on account of that conviction becoming an expunged conviction, in respect of the fact that the person—

        (a)     was charged with, or prosecuted for, the offence; or

        (b)     was convicted of, or sentenced for, the offence; or

        (c)     served a sentence for the offence; or

        (d)     was required to pay a fine or other money (including costs or any amount by way of restitution or compensation) on account of being convicted of, or sentenced for, the offence; or

        (e)     incurred any loss, or suffered any consequence (including, but not limited to, being sentenced as a serious offender in accordance with Part 2A), as a result of any circumstance referred to in paragraph (a), (b) or (c); or

        (f)     has an expunged conviction.

    (2)     Nothing in subsection (1) prevents a person being entitled to compensation in respect of anything that occurred while the person was serving a sentence.

Example

The person is injured while serving a sentence in prison.

Pt 8 (Heading) repealed by No. 68/2009 s. 97(Sch. item 110.80).

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S. 105 repealed by No. 7/2009 s. 432 (as amended by No. 68/2009 s. 54(r)).

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Part 9—Royal prerogative of mercy

S. 106 amended by No. 25/2023 s. 7(Sch.  1 item 23.1).