This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A clear guide to how compensation orders are treated after appeals in England and Wales. Learn when orders are suspended, how they are adjusted or quashed by appeal courts, the effect on victims and appellants, and how civil and statutory compensation schemes intersect with criminal compensation orders.
In the criminal justice system of England and Wales, courts can make compensation orders requiring offenders to pay victims for loss, injury or damage resulting from their crimes. These orders are an important part of ensuring that victims receive redress for harm caused. However, if a conviction or sentence is appealed, questions arise about the status of the compensation order and how it may be adjusted or removed. This guide explains how compensation orders are treated when appeals are brought, what legal mechanisms exist for adjustment, and what happens in practice once an appeal succeeds.
Compensation orders arise under the Sentencing Act 2020 and are distinct from civil claims for damages or criminal injuries compensation. They are typically ancillary to conviction but may also be made on their own where appropriate.
What a Compensation Order Is
A compensation order requires a convicted person to pay money to victims in respect of personal injury, loss or damage caused by the offence. The court must consider making such an order where loss or injury has resulted and must take account of the offender's financial means.
Compensation orders can be made by either a magistrates' court or a Crown Court, either as an ancillary order alongside other penalties or, in some cases, as the primary sentence.
How Appeals Affect Compensation Orders
Suspension of Compensation During Appeals
When an offender appeals against conviction or sentence, the compensation order is normally suspended until the appeal is resolved. Under long‑established practice and statutory interpretation:
- A compensation order made by a magistrates' court does not take effect until the period for appeal expires or an existing appeal is determined.
- Similarly, where an offender successfully appeals their conviction, the compensation order ceases to have effect. This follows from how compensation orders are treated within the appeals regime and ensures that the order does not remain enforceable if the basis for it (the conviction) is overturned.
This means that victims are generally not paid under the original order until the appeal has concluded, preserving fairness to the appellant where the outcome might change.
Successful Appeals Quash the Order
Where the conviction itself is quashed on appeal, the compensation order linked to that conviction will normally fall away. Under the relevant statutory framework:
- A successful appeal against conviction results in the compensation order ceasing to have effect, as the underlying criminal liability has been overturned.
- The person against whom the order was made may have the right to appeal the compensation order itself as part of the overall sentence appeal.
In practice, this means that where a conviction is overturned on appeal and no retrial follows, a compensation order tied to that conviction is invalidated.
Appeal Against the Compensation Order
A defendant can also appeal against the compensation order itself, even if their conviction or sentence stands. This may happen where the amount ordered is considered manifestly excessive, or there has been a legal or procedural error in how the order was imposed. Compensation orders are considered part of the sentence for appeal purposes, so they may be challenged on similar grounds.
Adjustment on Appeal
If an appeal court finds that a compensation order was made incorrectly - for example, without proper enquiry into the offender's means or based on flawed evidence - it may:
- Reduce the amount of compensation;
- Remit the case back to the lower court for reconsideration on proper lines; or
- Quash the order altogether where no lawful basis for it remains.
A recent example shows the Court of Appeal overturning a compensation order where the sentencing judge failed to make adequate enquiries about the appellant's financial means, finding the original order “wrong in law and manifestly excessive”. In such cases, the appellate court applies the statutory criteria and established principles for compensation orders.
Practical Consequences for Victims and Appellants
For Victims
Victims may experience delay in payment of compensation while an appeal is ongoing, because enforcement of an otherwise valid order is paused until the appeal is resolved. Once an appeal concludes and the order survives (or is varied appropriately), the victim will be entitled to receive payment under the new terms.
Where compensation orders are quashed or reduced, victims may consider civil claims for remuneration of loss, but such claims are subject to their own limitation periods and evidential requirements.
For Appellants
An appellant should understand that:
- An appeal against conviction that succeeds can nullify a compensation order that was imposed as part of the original sentence.
- If the appeal is against the compensation order itself, the court may alter or remove it where the judicial discretion was improperly exercised.
These adjustments reflect the principle that compensation should be fair, proportionate and legally sound.
Other Forms of Compensation After Appeals
It is distinct from compensation under the criminal injuries compensation scheme or miscarriage of justice compensation. In cases where a conviction is quashed on appeal and the person is found to have been wrongly convicted due to new or newly discovered facts, individuals may apply for statutory compensation for miscarriages of justice. This is administered by the Secretary of State and requires a separate application demonstrating eligibility criteria under the Criminal Justice Act 1988.
The statutory scheme has its own time limits and assessment procedures, and recent changes have increased the caps on compensation available for long‑term wrongful imprisonment.
Common Questions
Can victims still receive civil damages if a criminal compensation order is quashed?
Yes. Civil claims can run independently of criminal compensation orders. A court in civil proceedings will assess damages afresh, although any criminal compensation already paid may be taken into account in settlement.
What if an appeal court increases a compensation award?
Appellate courts can adjust orders where they find the original order was insufficient or where legal error demands recalculation. The compensation order, once varied, becomes the enforceable order.
Does an appeal always pause payment?
Yes; enforcement of the compensation order is generally suspended until the appeal is finalised, preventing unfair enforcement of an order that might be set aside.
Key Takeaways
Compensation orders imposed by criminal courts in England and Wales are an important means of redressing victims' losses directly from offenders. However, when an offender appeals against conviction, sentence or the compensation order itself:
- The compensation order is usually suspended until the appeal is concluded, preventing premature enforcement.
- If the conviction is quashed, any associated compensation order normally ceases to have effect unless a retrial or fresh conviction intervenes.
- Appeals can result in adjustment or quashing of compensation orders where legal error or disproportionate awards are identified.
Understanding how compensation orders are managed after appeals helps both victims and appellants know what to expect and what legal avenues are available in the context of appeal outcomes.
