| Coming into Force | 17 September 1992 |
| Published date | 01 January 1991 |
| Revision Date | 01 October 2021 |
| Year | 1991 |
| Type of Document | Historic Legislation |
[Criminal Law (Compensation) Act 1991 consolidated to No 4 of 1992]
INDEPENDENT STATE OF PAPUA NEW GUINEA.
No. 26 of 1991.
AN ACT
entitled
Criminal Law (Compensation) Act 1991,
Being an Act to provide for the making of compensation orders in criminal cases, and for related purposes,
MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.
In this Act, unless the contrary intention appears—
"Chief Probation Officer" means the person appointed as such under the Probation Act (Chapter 381), or his delegate for the purposes of this Act;
"compensation order" means an order for compensation made under Section 5;
"court" means the National Court or a District Court;
"means assessment report" means a report under Section 4;
"offender" means a person convicted of an offence;
"relative" means father, mother, brother or sister.
(1) Notwithstanding that payment of compensation is not specified as a punishment for an offence, a court may, in addition to any other punishments imposed, order an offender to pay compensation in accordance with this Act.
(2) When a court is considering the punishment or punishments to be imposed for an offence, it shall also consider whether in the circumstances of the case, compensation should be ordered.
(1) Where a court is deciding whether to make an order of compensation under Section 2, or is deciding upon the compensation to be ordered under Section 5, it shall take into account the following factors:—
(a) the nature and seriousness of the offence;
(b) the degree and nature of any personal injury or damage to property suffered by any person as a result of the commission of the offence;
(c) any factors regarding the commission of the offence or the offender's attitude which may be considered in mitigation or aggravation of the punishment;
(d) any relevant custom regarding compensation, including but not limited to—
(i) any custom regarding the nature, the amount, the method of payment and the appropriate person or persons to be paid the compensation; and
(ii) any custom which relates the amount of compensation to the age or life expectancy of the person suffering injury or loss;
(e) the information provided in the means assessment report, including any recommendations made by the Chief Probation Officer in the means assessment report;
(f) any other relevant matter.
(2) In considering a matter under this section, a court is not...
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