s.25Priority to restitution
25
Section 25Part 8 — Restitution and Restitution Centres

Priority to restitution

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Where the court finds it applicable and appropriate in the circumstances of a case to make, in relation to a convicted person, an order of restitution under section 23 or 24, and —
an order of forfeiture under this or any other law may be made in respect of property that is the same property in respect of which the order of restitution may be made, or
the court is considering ordering the convicted person to pay a fine and it appears to the court that the convicted person would not have the means or ability to comply with both the order of restitution and the order to pay the fine,
the court shall first make the order of restitution and shall then consider whether and to what extent an order of forfeiture or an order to pay a fine is appropriate in the circumstances.

Cross References