(1) Wherever imprisonment is awarded by a Court of summary jurisdiction for an offence punishable under this, or any other Act, the Court may direct that the offender be imprisoned in any gaol, with either hard labour or light labour.(2) The said Court may, in addition to, or in substitution for any sentence imposing a fine or a term of imprisonment, require the offender to enter into a recognizance, with or without a surety or sureties to be of good behaviour for a term which shall not be less than twelve months or more than three years, and in default of entering into such recognizance, may direct that the offender be imprisoned, or further imprisoned, for a period not exceeding three months with either hard labour or light labour, unless such recognizance is sooner entered into:
Provided that in no case shall the total term of such imprisonment and further imprisonment together exceed twelve months.(3) Subject to subsection (8), where a person is convicted by a Court (other than the Supreme Court) exercising summary jurisdiction of an offence punishable under this or any other Act, the Court may, on the conviction or at any time thereafter, upon notice given to the offender, direct that a sum not exceeding $1,000 be paid to any aggrieved person, or to any aggrieved persons in such proportions as may be specified in the direction, by way of compensation for any injury or loss sustained through, or by reason of, the offence.(4) A direction under subsection (3) that a sum be paid to an aggrieved person may be given by a Court on its own motion or upon application being made to it by or on behalf of the aggrieved person.(5) A sum directed by a Court under subsection (3) to be paid by an offender to an aggrieved person shall be paid by the offender to the clerk of the Court, to be paid by that clerk to the aggrieved person.(6) A direction under subsection (3) shall be deemed to be a conviction or order whereby a sum of money is adjudged to be paid within the meaning of the Justices Act 1902.(7) A direction given under subsection (3) shall specify the sum, if any, to be paid by way of compensation for injury and the sum, if any, to be paid by way of compensation for loss.(8) A Court shall not give a direction under subsection (3) in respect of the conviction of a person for an offence if the aggregate of the sum specified in the direction and of all sums:(a) specified in a direction previously given under section 437 or subsection (3):(i) on the conviction of any other person for that offence, or(ii) on the conviction of that or any other person for a related offence, or(b) stated in a certificate previously granted under section 4 of the Criminal Injuries Compensation Act 1967:exceeds $1,000.(i) on the acquittal of, or dismissal of an information against, any other person, being a certificate granted in respect of that offence, or(ii) on the acquittal of, or dismissal of an information against, that or any other person, being a certificate granted in respect of a related offence,(9) For the purposes of subsection (8), an offence is related to another offence if:(a) both of the offences were committed against the same person, and(b) in the opinion of the Court, both of the offences were committed at approximately the same time or were, for any other reason, related to each other.(10) In determining whether or not to give a direction under subsection (3) and in determining the sum to be paid under such a direction, the Court shall have regard to:(a) any behaviour of the aggrieved person which directly or indirectly contributed to the injury or loss sustained by the aggrieved person,(b) whether the aggrieved person is or was a relative of the convicted person or was, at the time of the commission of the offence, living with the convicted person as his wife or her husband or as a member of the convicted person’s household,(c) the provisions of the Criminal Injuries Compensation Act 1967, and(d) such other circumstances as it considers relevant.(11) In this section:
compensation for injury includes compensation for:(a) actual and future expenses,(b) actual loss of earnings, and(c) loss of future earnings or a capacity to earn,sustained as a direct consequence of injury.
compensation for loss does not include compensation for injury.
injury means bodily harm, and includes pregnancy, mental shock and nervous shock.