Criminal Procedure Code CAP 75Section 175 of Criminal Procedure Code CAP 75: Orders for compensation and expenses
(1) A court which—
(a) on convicting a person of an offence, imposes a fine, or a sentence of which a fine forms part; or
(b) on appeal, revision or otherwise, confirms such a sentence, may, when passing judgment, order the whole or any part of the fine recovered to be applied in defraying expenses properly incurred in the prosecution of the offence.
(2) A court which—
(a) convicts a person of an offence or, on appeal, revision or otherwise, confirms the conviction; and
(b) finds, on the facts proven in the case, that the convicted person has, by virtue of the act constituting the offence, a civil liability to the complainant or another person (in either case referred to in this section as the “injured party”),
may order the convicted person to pay to the injured party such sum as it considers could justly be recovered as damages in civil proceedings brought by the injured party against the convicted person in respect of the civil liability concerned. (3) No order shall be made under subsection (2)—
(a) so as to require payment of an amount that exceeds the amount that the court making the order is authorised by law to award or confirm as damages in civil proceedings; or
(b) in any case where, by reason of—
(i) the complexity of evidentiary matters affecting the quantum of damages;
(ii) the insufficiency of evidence before it in relation to such damages or their quantum;
(iii) the provisions of the Limitation of Actions Act (Cap. 22); or
(iv) any other circumstances,
the court considers that such an order would unduly prejudice the rights of the convicted person in respect of the civil liability.
(4) No order under this section shall take effect—
(a) before the expiry of the time limited for appeal against the conviction or sentence in respect of which the order was made; or
(b) while any such conviction or sentence is the subject of appeal, unless and until the conviction or sentence, and the order, are confirmed by the court determining the appeal.
(5) A court determining an appeal referred to in subsection (4) shall affirm, quash or vary an order under this section, as justice requires.
(6) An order under this section that has taken effect is enforceable in the same manner as a judgment in civil proceedings for the amount awarded by the order.
(7) An award by order under this section in respect of a civil liability is, to the extent of the amount awarded, a defence in any subsequent proceedings instituted in respect of that liability.
Check the current authoritative text and amendment history before relying on this provision.
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