Where any accused is found guilty, whether summarily or by court-martial, of any offence arising out of any act or omission that occasioned physical harm to any other person (whether a serviceman or a civilian and whether or not the occasioning of physical harm constitutes a necessary element of the offence at law) and the accused is punished by a fine, then, subject to subsection (2) of this section, the commanding officer, detachment commander, subordinate commander, authority dealing summarily with the charge under section 86 of this Act, or court-martial, as the case may be, may, in his or its discretion, award by way of compensation to the victim such portion of the fine, not exceeding one half, as he or it thinks fit.

No award of compensation may be made under subsection (1) of this section, unless the commanding officer, detachment commander, subordinate commander, authority dealing with the charge under section 86 of this Act, or the court-martial, as the case may be, is of the opinion that the act or omission—

An order made under this section shall be sufficient authority for the paying officer of the unit deducting the fine from the accused’s pay to pay the portion specified in the order to the person entitled to it under the order.

An award of compensation under this section shall not affect the right of the person entitled to it—