Western Australian Consolidated Acts Western Australian Consolidated Acts (1) On finding a young
person guilty of an offence the court may, subject to this section, on the
application of the prosecutor made at the hearing, order that compensation be
paid, or restitution be made, in respect of any damage or loss occasioned by
the offence to any person who has suffered that damage or loss.
(2) The order may
direct the payment of such sum as the court thinks reasonable, either as one
payment or by instalments, and in determining the amount to be paid, the court
is to have regard to the means of the person against whom the order is made
and the person’s ability to pay the amount ordered.
(3) Where the court
has made an order for the payment of any money under this section, the payment
is to be made to the registrar of the court for transmission to the person in
whose favour the order was made.
(4) Section 119
of the Sentencing Act 1995 applies to and in respect of an order made
under this section for the payment of any amount as if the order were a
compensation order made under that Act.
(5) An order under
this section is not a bar to any other proceedings by or on behalf of the
person who suffered the damage or loss, but a person is not entitled to
recover, in respect of such damage or loss, a total amount that is greater
than the amount of the damage or loss that the person suffered.
(6) The powers of the
court under this section may be exercised whether or not a conviction is
recorded.
[Section 56 amended by No. 59 of 2004
s. 141.]