43Restitution of property

#### 43 Restitution of property 43 Restitution of property > > (1) In any criminal proceedings in which it is alleged that the accused person has unlawfully acquired or disposed of property, the court may order that the property be restored to such person as appears to the court to be lawfully entitled to its possession. > > > (2) Such an order may be made whether or not the court finds the person guilty of any offence with respect to the acquisition or disposal of the property. > > > (3) Such an order may not be made in respect of— > > > > > (a) any valuable security given by the accused person in payment of a liability to which the person was subject when the payment was made, or > > > > > (b) any negotiable instrument accepted by the accused person as valuable consideration in circumstances in which the person had no notice, or cause to suspect, that the instrument had been dishonestly come by. > > **s 43:** Renumbered 2001 No 119, Sch 1 \[39\].