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Criminal Procedure (Compensation and Other Orders) Act 2006

CRIMINAL PROCEDURE (COMPENSATION AND OTHER ORDERS) ACT 2006.

REPUBLIC OF NAURU

(No. 8 of 2006)

AN ACT

To provide for orders for compensation to be ordered to be made to persons whose person or property is injured by the act of a person guilty of crime.

(Certified: 11^th August 2006)

BE IT ENACTED by the Parliament of Nauru as follows-

SHORT TITLE

1. This Act may be cited as the Criminal Procedure (Compensation and Other Orders) Act 2006.

PRINCIPAL ACT

2. (1) In this Act the Criminal Procedure Act 1972 is referred to as the principal enactment.

(2) The principal Act is amended by this Act and may be cited as the Criminal Procedure Act 1972-2006.

AMENDMENT TO SECTION 27 AND OTHERS – APPREHENDED VIOLENCE ORDERS

3. (1) The principal Act is amended by–

(a) numbering Section 27 as subsection (1); and

(b) inserting–

'(2) In every case of apprehended violence by any person to the person of another, or of his or her spouse or child, or of apprehended injury to his or her property, the Resident Magistrate, may on the complaint of the person apprehending such violence or injury, or his or her employer, require such person to show cause to the District Court why he or she should not be ordered–

(a) to enter into a recognizance, with or without sureties, for a reasonable amount for keeping the peace for such period, not exceeding one year, as the District Court thinks fit; or

(b) not communicate with a person or to stay away from a person or place or not approach closer than a particular distance from a person or place; or

(c) both.'

(a) in respect of any bodily injury, order the offender to make compensation to that person by means of the payment of a specified amount of money not exceeding $10,000; or

(b) in respect of any injury to property, order the offender to make compensation to that person by means of the payment of a specified amount or an amount to be assessed by a person appointed by the Court not exceeding the reasonable cost of repair or replacement of the property.

(2) An order under subsection (1) may be made in addition to any other penalty imposed on, or order made in relation to, the offender.

(3) Where the Court makes an order under subsection (1)–

(a) the Court may direct that the amount be paid by specified installments; and

(b) the amount to be paid pursuant to the order, or each installment as it falls due, as the case requires, is a debt due to the person in whose favor the order is made.

(4) Where an order is made under subsection (1) and the amount ordered to be paid is not paid on the due date, the person in whose favor the order is made may apply for and is entitled to an order attaching property under Part 11 of the Civil Procedure Act 1972 for recovery of the full amount to be paid whether or not an order for installments had been made.

(5) Notwithstanding anything to the contrary in the Civil Procedure Act 1972, an order attaching property made under subsection (4) can be made against any real property in which an offender has any interest or any building in which an offender has an interest and which is constructed upon land owned by a person or persons other than the offender.

(6) Where a conviction referred to in subsection (1) is subject to appeal, the Court may in making an order under subsection (1) further order that pending the presentation of an appeal or of the determination of an appeal the payment of the amount is to be suspended but that the offender not dispose of any property without the approval of the court and, where the amount exceeds $5,000, provide surety to the value of the amount ordered to be paid.

(7) Nothing in this section shall be construed as removing or affecting a cause of action which a person may have to recover-damages: for bodily injury or injury to property suffered by the person, but in proceedings in relation to that cause of action the Court shall have regard to an amount paid pursuant to an order made under this section.".

(2) inserting at the end of paragraph 28(c),-

"; or

(d) particulars as to the person or place and the distances closer than which the offender may not approach.";

(3) in section 32 substituting for the words "to show cause why he should not be ordered to enter into a recognizance for keeping the peace", the words "to show cause under subsection 27(l) or (2)";

(4) inserting after section 34–

“APPREHENDED VIOLENCE ORDER

34A. (1) If upon an inquiry under section 33 of this Act it is proved that it is necessary for protecting a person or property from apprehended violence, that the person in respect of whom the inquiry is made should enter into a recognizance, with or without sureties, or be ordered not to communicate with a person or to stay away from a person or place or not approach closer than a particular distance from a person or place, or both, the District Court shall make an order accordingly.

(2) An order under subsection (1) is called an apprehended violence order.

(5) in section 35 inserting after the words –

(a) "good behavior", the words "or making provision against apprehended violence"; and

(b) "a recognizance", the words "or an apprehended violence order";

(6) Inserting after section 38–

"FAILURE TO COMPLY WITH APPREHENDED VIOLENCE ORDER

38A. A person who fails to comply with an apprehended violence order in respect of failing to give security is to be dealt with in accordance with section 38 and in respect of an order not to communicate with or to stay away from a person or place commits an offence for which the penalty is imprisonment for 2 years.".

4. AMENDMENT OF THE PRINCIPAL ACT – COMPENSATION ORDERS

Following section 121 of the principal Act insert –

"121A. COMPENSATION ORDERS

(1) Where after the commencement of this section a person, "the offender", is found guilty of an offence the maximum penalty for which is imprisonment for a period of 3 years or more, and the offender is convicted or discharged without conviction and the Court is satisfied that, as a direct result of the commission of the offence, a person other than the offender has suffered bodily injury or injury to property, the Court may-

I hereby certify that the above is a fair print of a Bill for an Act entitled Criminal Procedure
(Compensation and Other Orders) Act 2006, has been passed by Parliament of Nauru and is now Presented to the Speaker for his Certificate under Article 47 of Constitution.

.......................
Clerk of Parliament
11^th August 2006

Pursuant to Article 47 of the Constitution, I, VALDON K. DOWIYOGO, Speaker of Parliament, hereby certify that the Criminal Procedure (Compensation and Other Orders) Act, 2006 has been passed by the Parliament of Nauru.

......................
Speaker
11^th August 2006

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