Making a compensation claim (criminal cases)

Making a compensation claim

You can make a compensation claim if you have been identified as a victim of an offence, or the representative or dependant of such a victim (compensation claimant).

How to know if you have been identified as a compensation claimant

You are a compensation claimant if you have received an email or letter from the court titled “Notification of Hearing where Decision on Compensation may be Made” (notification). The notification sets out the details of the hearing where the court may decide whether to make a compensation order. It also sets out the steps you may take should you wish to provide evidence and/or submissions, and/or attend the hearing. 

If you believe you are a compensation claimant but have not received a notification, you may contact the investigation officer from the relevant law enforcement agency in charge of the case.

Providing evidence and/or submissions for compensation

If you have been identified as a compensation claimant, you have the right to provide evidence and/or submissions to show why a compensation order should be made.

How to provide evidence and/or submissions

You may provide evidence and/or submissions by uploading them onto the website stated in the notification. You must do so at least three working days before the hearing.

It is not compulsory to provide evidence and/or submissions if you do not wish to. The court will still consider whether to make a compensation order.

Attending the hearing

If you wish to attend the hearing, you must indicate this on the website stated in the notification. 

It is not compulsory to attend the hearing regardless of whether you have provided your evidence and/or submissions. The court will still consider whether to make a compensation order.

Making of compensation order

Find out when the court may make a compensation order and what happens when a compensation order is made.

When the court will make a compensation order

A compensation order is generally made only in clear cases where the fact and extent of the injury caused by the offender and the amount to be compensated are agreed upon, or readily and easily ascertainable by the court. The injury must be in respect of the victim’s body, character or property.

If the court is satisfied that the case is an appropriate one where a compensation order should be made, the court will make the compensation order at the hearing indicated in the notification, or at a subsequent hearing.

The amount of compensation ordered will not exceed what would reasonably be obtainable in civil proceedings. The compensation order will only be made in respect of the injury that resulted from the offences for which the offender is sentenced or which are taken into consideration by the court when sentencing the offender.

What happens after a compensation order is made

If the offender makes payment, the investigation officer from the relevant law enforcement agency will contact you to facilitate payment to you.