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Act index » Part 4 - Orders in addition to sentence » Division 1 - Restitution
84 Restitution order
(1)If goods have been stolen and a person is found guilty or convicted of an offence connected with the theft (whether or not stealing is the gist of the offence), the court may make—
(a)an order that the person who has possession or control of the stolen goods restore them to the person entitled to them;
(b)an order that the offender deliver or transfer to another person goods that directly or indirectly represent the stolen goods (that is, goods that are the proceeds of any disposal or realisation of the whole or part of the stolen goods or of goods so representing them);
S. 84(8)(b) substituted by No. 68/2009 s. 97(Sch. item 110.62).
(c)an order that a sum not exceeding the value of the stolen goods be paid to another person out of money taken from the offender's possession on his or her arrest.
S. 84(8)(c) repealed by No. 68/2009 s. 97(Sch. item 110.62).
(2)An order under paragraph (b) or (c) of subsection (1) may only be made in favour of a person who, if the stolen goods were in the offender's possession, would be entitled to recover them from him or her.
(3)The court may make an order under both paragraphs (b) and (c) of subsection (1) provided that the person in whose favour the order is made does not thereby recover more than the value of the stolen goods.
(4)If the court makes an order under paragraph (a) of subsection (1) against a person and it appears to the court that that person in good faith bought the stolen goods from, or loaned money on the security of the stolen goods to, the offender, the court may, on the application of the purchaser or lender, order that a sum not exceeding the purchase price or the amount loaned (as the case requires) be paid to the applicant out of money taken from the offender's possession on his or her arrest.
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(5)An order under this section—
(a)may be made on an application made as soon as practicable after the offender is found guilty, or convicted, of the offence; and
(b)may be made in favour of a person on an application made—
(6)Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person.
(7)A court must not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence given at the hearing of the charge or from the available documents, together with admissions made by or on behalf of any person in connection with the proposed exercise of the powers.
(8)In subsection (7) the available documents means—
(a)any written statements or admissions which were made for use, and would have been admissible, as evidence on the hearing of the charge; or