Section 35 — Sentencing Act 2002: Taking into account financial capacity of offender

35 Taking into account financial capacity of offender (1) If the offender has insufficient means to pay the total value of the loss, damage, or harm, the court may sentence the offender to make— (a) reparation for any amount that is less than the value of the loss, damage, or harm; or (b) payment by instalments in respect of the loss, damage, or harm; or (c) both (a) and (b). (2) If the court imposes on an offender a sentence of reparation and a sentence of a fine, any payments received from the offender must be applied first in satisfaction of the amount due under the sentence of reparation. Compare: 1985 No 120 s 22(6) , (8)