Order for payment of compensation
359.—(1)  The court before which an offender is convicted of any offence must, after the conviction, decide whether to make an order for the payment by the offender of compensation to any of the following persons:
(a)a person who is injured (in respect of the person’s body, character or property) by any offence —
(i)for which the offender is sentenced; or
(ii)that is taken into consideration under section 148 when the offender is sentenced;
(b)a representative of a person mentioned in paragraph (a);
(c)a dependant of a person whose death was caused by any offence —
(i)for which the offender is sentenced; or
(ii)that is taken into consideration under section 148 when the offender is sentenced.
[Act 5 of 2024 wef 01/08/2024]
(1A)  An order under subsection (1) for the payment of compensation to a dependant of a person whose death was caused by any offence mentioned in subsection (1)(c) —
(a)may only be made in respect of —
(i)any damages for bereavement that may be claimed under section 21 of the Civil Law Act 1909 for the benefit of that dependant, in an action under section 20 of that Act; and
(ii)if that dependant had incurred funeral expenses in respect of that person, any damages that may be awarded under section 22(4) of the Civil Law Act 1909 in respect of those funeral expenses, in an action under section 20 of that Act; and
(b)may be made regardless of whether there is any action brought under section 20 of the Civil Law Act 1909 for the benefit of the dependants of that person.
[Act 5 of 2024 wef 01/08/2024]
(1B)  An order under subsection (1) for the payment of compensation must specify the amount of the compensation to be paid by the offender under the order.
[Act 5 of 2024 wef 01/08/2024]
(2)  If the court is of the view that it is appropriate to make an order under subsection (1), it must do so.
[S 759/2022]
[Act 5 of 2024 wef 01/08/2024]
(2A)  In a case where subsection (1) empowers the court to make an order for the payment of compensation, the court must give reasons if the court does not make such an order.
[Act 5 of 2024 wef 01/08/2024]
(2B)  In deciding whether to make an order under subsection (1) for the payment of compensation, and in deciding the amount to be paid by the offender under such an order, the court must have regard to the offender’s means so far as those means appear or are known to the court.
[Act 5 of 2024 wef 01/08/2024]
(2C)  Before making an order under subsection (1) against an offender, the court may make a financial circumstances order in relation to the offender.
[Act 5 of 2024 wef 01/08/2024]
(2D)  Subject to subsection (2E), before the court decides whether to make an order under subsection (1) for the payment of compensation to a person mentioned in subsection (1)(a), a representative mentioned in subsection (1)(b) or a dependant mentioned in subsection (1)(c) —
(a)the person, representative or dependant (as the case may be) must be notified, in the manner prescribed in the Criminal Procedure Rules, of the proceedings in which the court will decide whether to make the order; and
(b)the person, representative or dependant (as the case may be) is entitled to adduce evidence, and to make submissions, in relation to the order, at those proceedings.
[Act 5 of 2024 wef 01/08/2024]
(2E)  The person, representative or dependant mentioned in subsection (2D) need not be notified of the proceedings if —
(a)the person mentioned in subsection (1)(a) or (c), the representative mentioned in subsection (1)(b) or the dependant mentioned in subsection (1)(c) (as the case may be) cannot be identified despite reasonable efforts having been made by the relevant law enforcement agency; or
(b)the contact details of the person, representative or dependant mentioned in subsection (2D) (as the case may be) that are required in order for the person, representative or dependant to be notified in the manner prescribed in the Criminal Procedure Rules, cannot be obtained despite reasonable efforts having been made by the relevant law enforcement agency.
[Act 5 of 2024 wef 01/08/2024]
(2F)  Despite subsection (2D), none of the following persons may appeal under section 377 against an order under subsection (1) or a decision not to make such an order:
(a)a person mentioned in subsection (1)(a);
(b)a representative mentioned in subsection (1)(b);
(c)a dependant mentioned in subsection (1)(c).
[Act 5 of 2024 wef 01/08/2024]
(2G)  The following persons shall not be liable to be sued for anything done or omitted to be done in good faith in the course of or in connection with the notification of the person, representative or dependant mentioned in subsection (2D)(a):
(a)the Public Prosecutor, any Deputy Attorney‑General, Solicitor‑General, Deputy Public Prosecutor or Assistant Public Prosecutor, or any officer or employee of the Attorney‑General’s Chambers;
(b)any officer or employee of any law enforcement agency;
(c)any person authorised by the Public Prosecutor to conduct any proceedings or prosecution under any written law;
(d)any officer or judicial officer of the State Courts;
(e)any officer or the Registrar of the Supreme Court.
[Act 5 of 2024 wef 01/08/2024]
(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.
(6)  In this section —
“dependant” means a person mentioned in section 20(8)(a) to (e) or 21(2)(a) to (e) of the Civil Law Act 1909;
“financial circumstances order”, in relation to an offender, means an order that —
(a)requires the offender to give to the court, within a period specified in the order, any statement and evidence of the offender’s financial circumstances that the court may require; and
(b)if the offender is below 18 years of age, requires a parent or guardian of the offender to give to the court, within a period specified in the order, any statement and evidence of the parent’s or guardian’s financial circumstances that the court may require;
“parent” includes an adoptive parent;
“relevant law enforcement agency”, in relation to an offence mentioned in subsection (1), means the law enforcement agency that investigated the offence;
“representative”, in relation to a person mentioned in subsection (1)(a), means any person as prescribed in the Criminal Procedure Rules.
[Act 5 of 2024 wef 01/08/2024]
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Last updated 29 Apr 2025
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