Reparation - General

Goals

The goals of reparation are to:

provide for the interests of the victims
provide opportunities for the involvement of victims in sentencing
provide reparation for the harm done by the offending
hold the offender accountable for the harm done to the victim and the community by the offending, and
promote a sense of responsibility in the offender and an acknowledgement of the harm done.

The objectives of the reparation process are to:

ensure courts receive accurate and relevant information to assist with sentencing outcomes
assist offenders and victims to reach agreement about compensation, and
challenge the perceptions and attitudes of offenders with regard to victims.

When preparing a reparation report, consider these factors:

There is a presumption in the Sentencing Act 2002 that where there are grounds for considering reparation will be imposed.
When considering reparation, a probation officer will complete a financial statement of means, unless the court collections unit has provided a declaration.
In all cases where there is a victim, reparation must be canvassed in the interview and should be recommended in the body of the pre-sentence report (PSR), if the court has not ordered a separate reparation report.
The same probation officer writing the PSR should not write the reparation reports, unless exceptional circumstances are present.

When considering a sentence of reparation, the court may determine:

the total amount of reparation to be paid by the offender
whether the amount is to be paid in a lump sum, immediately or at some specific future date, and
whether the amount is to be paid in installments and the frequency and amount of these payments.

The court can also make orders for payment of costs, restitution and/or compensation if the offender is:

Legislative references: Sections 106, 108, and 110, Sentencing Act 2002.

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