This topic notes details regarding other information that is included in the reparation report.
Loss or damage to property
Include the value placed on the loss or damage to property (including any consequential loss) by both:
- the victim, and
- the offender.
Contact any insurance company involved, as they are also considered a "person" for purposes of reparation and should be included in the report in their own right.
Notes:
- Include information on any actual or potential entitlement under the IPRC Act.
- Consequential loss or damage cannot be considered as part of reparation for offences committed before the introduction of the Sentencing Act 2002.
- Loss of earnings cannot be considered as part of the reparation.
Offender's finances
Include the following financial details of the offender:
- means (source and amount of income)
- employer (if employed) for any attachment order
- financial obligations
- any offer made by the offender to pay reparation
- the maximum amount the offender is able to pay under a sentence to make reparation
- whether this will be by way of a lump sum or installments
- the frequency and amount of any payments by installments, and
- the amount and timing of a lump sum payment.
Note: The format for financial information (to be attached to reparation reports) is the statement of means of the offender. A copy of this format is in IOMS.
Agreement on reparation
When preparing the report, the probation officer should attempt to seek an agreement between the victim and offender on the amount to be paid by way of reparation.
Where no agreement is reached, the probation officer must:
- in respect of emotional harm, state the respective positions and that the matter is unresolved
- in respect of loss of, or damage to, property, either:
- determine the value of the loss or damage and the consequential loss or damage on the evidence available, and include the value in the report, or
- state that the matter is unresolved
- in respect of loss or damage consequential on emotional or physical harm:
- determine the value of the loss or damage on the evidence available and include the value in the report, or
- state the respective positions and that the matter is unresolved.
Legislative reference: Section 34(3) Sentencing Act 2002.
Other matters
Include other matters which are relevant or have been requested by the court, such as:
- any disagreement between the parties
- the response by the offender to any other reparation sentence
- a total of any amount(s) owing from:
- any previous sentence(s) of reparation imposed, and
- any other fines
- the imposition of an attachment order to wages (if the offender consents), and
- any other reparation process, such as muru, ifoga or their equivalent including the outcomes which have taken place during the remand period.
Recommendation
If the recommendation is for a sentence of reparation, include:
- total amount of reparation
- whether it is lump sum or by installments, and
- timing of payments, including dates and amounts.
