Page:Criminal Damage Act 1971 (UKPGA 1971-48 qp).pdf/5

4c. 48 (2) No rule of law ousting the jurisdiction of magistrates' courts to try offences where a dispute of title to property is involved shall preclude magistrates' courts from trying offences under this Act, or any other offences of destroying or damaging property.

8.—(1) On conviction of any person of an offence under section 1 of this Act of destroying or damaging property belonging to another the court may, on application or otherwise, and on being satisfied as to the approximate cost of making good the loss of or damage to the property order him to pay to the person or any of the persons to whom the property belongs or belonged immediately before its destruction or damage such sum by way of compensation in respect of the whole or part of the loss of or damage to the property (not exceeding £400 in the case of a magistrates’ court) as the court thinks just.

(2) Any order under this section for the payment of compensation made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person’s conviction any such order under this section does not take effect, and on an appeal to the House of Lords the conviction is restored by that House, the House may make any order under this section which could be made on his conviction by the court which convicted him.

(3) Any order under this section for the payment of compensation made by a magistrates’ court shall be suspended—
 * (a) in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates' court ;
 * (b) where notice of appeal is given within the period so prescribed, until the determination of the appeal.

(4) In Part I of Schedule 9 to the Administration of Justice Act 1970 (costs and compensation awarded against offenders and recoverable like fines imposed by magistrates’ courts) after paragraph 9 there shall be inserted the following paragraph:
 * “9A. Where under section 8 of the Criminal Damage Act 1971 a court orders the payment of a sum by way of compensation in respect of the whole or part of any loss of or damage to property”.

(5) This section shall be without prejudice to any other enactment which provides for the payment of compensation by a person convicted of an offence of damaging property or otherwise proved to have committed such an offence.