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Office of the Director of Public Prosecutions
for Western Australia

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Compensation and restitution

If you have suffered any property loss or damage or if you have suffered any associated expenses as a result of the offence, the Court may be able to order compensation to you or make a restitution order.

The ODPP can make this application to the Court at the time that the offender is sentenced. If you want us to do this, it is important that you provide us with the information about these losses and damages in plenty of time for us to be able to present the information to the court at the right time. In our first letter to you, a form will be enclosed for you to advise us of you wish to pursue any compensation or restitution.  Usually you will have to provide receipts for any bills you’ve had to pay to substantiate your application.

An example would be where you’ve suffered damage to your property as a result of a burglary and there are expenses you have incurred that are not covered by your insurance.

One of the things the court will consider when deciding on whether or not to make an order for compensation or restitution is whether or not the offender has the means to pay the compensation or restitution.

If the court does make an order for compensation or restitution, the ODPP is not responsible for following this up to make sure the offender makes the payments as ordered by the court. If the offender breaches the orders imposed by the court, you may need to follow this up with the court yourself or seek legal advice.

You may also be able to make a claim for Criminal Injuries Compensation. This is where you can seek financial assistance for injury and trauma, loss of income and other associated losses. Applications are made to the Office of the Assessor of Criminal Injuries Compensation. The ODPP cannot assist you with this as it is not part of the criminal prosecution process. The Victim Support Service can assist you with more information.

Last updated: 23-Jan-2013

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