1988 Ed.]
Criminal Procedure
[CAP. 221
61
Criminal bankruptcy orders
Criminal bankruptcy orders against convicted persons
84A. (1) Where a person is convicted of an offence before the court and it appears to the court that--
(a) as a result of the offence, or of that offence taken together with any other relevant offences, loss or damage (not attributable to personal injury) has been suffered by one or more persons whose identity is known to the court; and
(b) the amount, or aggregate amount, of the loss or damage exceeds $150,000,
the court may, in addition to dealing with the offender in any other way (but not if it makes a compensation order against him under section 73), make an order, to be called a criminal bankruptcy order, against him in respect of the offence or, as the case may be, that offence and any other relevant offences.
(2) In subsection (1) "relevant offences" means offences-
(a) of which the person in question is convicted in the same proceedings;
(b) which the court takes into consideration in determining its sentence;
or
(c) which, whether or not they are specifically charged or admitted, a judge of the court is satisfied are proved by the evidence adduced by the prosecution in the same proceedings.
(3) A criminal bankruptcy order shall specify-
(a) the amount of the loss or damage appearing to the court to have resulted from the offence or, if more than one, the total amount appearing to have resulted from all the offences;
(b) the person or persons appearing to the court to have suffered that loss or damage;
(c) the amount of that loss or damage which it appears to the court that person, or each of those persons, has suffered; and
(d) the date which appears to the court to be the earliest date on which the offence or, if more than one, the earliest of the offences, was committed.
(4) A criminal bankruptcy order may be made against 2 or more offenders in respect of the same loss or damage.
(5) The Governor in Council may by order amend subsection (1)(b) by substituting, for the amount specified therein, such amount as may be specified in the order.
(6) In this section "court" includes the District Court.
Appeals in the case of criminal bankruptcy orders
(Added, 20 of 1979, s. 9) [cf. U.K. 1973 c. 62, s. 39]
84B. (1) No appeal shall lie against the making of a criminal bankruptcy order.