York [2018] EWCA Crim 2754

This appeal was against an order to pay £1,000 compensation on the basis that it was wrong in principle and manifestly excessive. The Court listed six relevant principles as to the making of such an order, these are:

1. an offender must give details of her means
2. a judge must enquire about, and make clear findings about the offender’s means
3. the court must take into account an offender’s means
4. an order should not be made unless it is realistic, in the sense the court is satisfied that the offender has or will have the means to pay within a reasonable time. In general, excessively long repayment periods should be avoided
5. a court should not make an order on the assumption that it will be paid by somebody else
6. it is wrong to fix an amount of compensation without regard to the instalments which are capable of being paid by the offender and the period over which they should be paid.

The order in this case was quashed.