Crimes Act 1900 No 40
Historical version for 7 July 1999 to 31 July 1999 (accessed 21 May 2013 at 18:29) Current version
Part 12Order for restitution of property stolen, &c

Order for restitution of property stolen, &c

438   Restitution of property stolen in certain cases

(1)  Where a person is convicted under this Act of stealing, embezzling, or receiving property, the Court may order the restitution thereof, in a summary manner, to the owner, or the owner’s representative.
(2)  Where any person indicted for any such offence is acquitted, the Court in its discretion, on being satisfied that any property mentioned in the indictment has been stolen, embezzled, or received, contrary to this Act, may order in like manner the restitution of such property.
(3)  Where any valuable security has been paid by some person liable to the payment thereof, or, being a negotiable instrument, has been taken for a valuable consideration, without notice, or cause to suspect, that the same had been dishonestly come by, the Court shall not order such restitution.
(4)  This section shall equally apply to property in any manner taken, or otherwise acquired, received, retained, or disposed of, in violation of any provision of this Act.
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