Order for payment of compensation
359.—(1)  The court before which a person is convicted of any offence must, after the conviction, consider whether or not to make an order for the payment by that person of a sum to be fixed by the court by way of compensation to the person injured, or his or her representative, in respect of his or her person, character or property by —
(a)the offence or offences for which the sentence is passed; and
(b)any offence that has been taken into consideration for the purposes of sentencing only.
(2)  If the court is of the view that it is appropriate to make such an order referred to in subsection (1), it must do so.
[S 759/2022]
(3)  If an accused is acquitted of any charge for any offence, and if it is proved to the satisfaction of the court that the prosecution was frivolous or vexatious, the court may order the prosecution or the complainant or the person on whose information the prosecution was instituted to pay as compensation to the accused a sum not exceeding $10,000.
(4)  Any order for compensation made under subsection (1) does not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order, but any claim by a person or the person’s representative for civil damages in respect of the same injury arising from the offence, is deemed to have been satisfied to the extent of the amount paid to the person under an order for compensation.
(5)  The order for compensation made under subsection (3) does not affect any right to a claim for civil damages for malicious prosecution or false imprisonment beyond the amount of compensation paid under the order, but any claim by the accused for civil damages in respect of the malicious prosecution or false imprisonment is deemed to have been satisfied to the extent of the amount paid to the accused under an order for compensation.