84 Clause 56 page 42, line 32, leave out 'or'.
85 Clause 56 page 42, line 34, at end insert '; or
(c) at the same time as, under section 219 or 432 of that Act, it defers sentence.'
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 84 and 85 en bloc. The purpose of these amendments is to make clear that a compensation order cannot be imposed at the same time as sentence is deferred. A compensation order, as it affects the offender, is to all intents and purposes a sentence, and it is illogical to defer sentence to take account of the offender's compliance with an order with which he is obliged to comply. Voluntary reparation will still be possible and courts may defer sentence so that offenders' voluntary efforts to make restitution can be taken account of in determining sentence where appropriate. If no restitution has by then been made, courts may impose a compensation order.
Moved, That this House doth agree with the Commons in the said amendments.—( The Earl of Mansfield.)
On Question, Motion agreed to.