I was talking about the situation where a court had ordered that compensation be paid.
The Victim Support link is useful but does not tell the full story. Courts take a number of factors into account when sentencing and making compensation orders. If it is thought that compensation can be paid even though a custodial sentence is passed then they may order it. Many people that are imprisoned often have little or no means and it is that rather than the fact that they are going to prison that dictates whether compensation is awarded.
Thanks for clarifying NJ.
I was asking as a friend of my sons was involved in an incident and he was told he may get compensation when the case comes to court but was also told that the perpatrator is looking at a custodial sentence.
Thanks again.
Certainly if the matter is heard in the Magistrates' Court (as 95% of all criminal cases in England and Wales are) it is unlikely that compensation will be ordered if custody is imposed. That doesn't rule it out entirely but the court has to take a pragmatic view and if there is little chance of it being paid there is little chance in ordedring it. However, Magistrates are encouraged to be robust when deciding if compensation is appropriate and they should enquire thoroughly whether it is a practical proposition or not.
Sorry NJ, I perhaps should have qualified, its a crown court case. I'm not entirely sure of the exact charge against the defendant (ABH I imagine) but basically my sons friend got clobbered with a snooker cue when he was trying to protect another mate from getting it.
BTW, he didnt sustain any broken bones or anything like that, but he was taken hospital for check up and had bruising. He really seems to think he will get compensation. (dont know who told him)
He can apply to the Criminal Injuries Compensation Board if the Court does not award compensation although given the nature of his injuries, I doubt he would receive much if anything at all.