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Additional Orders
There are a number of orders which may be made by a court in addition to the sentence imposed on an adult or young offender. These additional orders are mostly contained in Part 4 of the Sentencing Act 1991 and section 417 of the Children, Youth and Families Act 2005.
Restitution order
Requires the return of stolen property or the proceeds from the sale of the stolen property.
Compensation order
- Requires the offender (in personal injury cases) to pay an amount of money for pain and suffering of the victim or to cover the victim’s counselling or other medical costs.
- Requires the offender (in property loss or damage cases) to pay money as compensation for the destruction, damage or loss of property as a result of the offence.
Confiscation order
The Confiscation Act 1997 allows the state to confiscate any property used to commit an offence or any property obtained with the proceeds of the offence.
Disqualification and forfeiture
May include:
- cancellation or suspension of a driver's licence
- disqualification from holding some offices, such as a real estate agents licence
- 'hoon laws' - under the Road Safety Act 1986 drivers may lose their vehicle for 48 hours on a first hoon-related offence, three months for a second offence or permanently if found guilty of a third offence.
Forensic sample order
Under the Crimes Act 1958 a person who has been found guilty of an offence can be required to undergo a forensic procedure for the taking of a sample from any part of the body.
Sex offender registration
In sentencing an offender for specified sexual offences a court may also require an offender to comply with reporting requirements under the Sex Offenders Registration Act 2004.
