sec.194Restoration of property

### sec.194 Restoration of property If an offender is convicted on indictment on a charge of which the unlawful obtaining of property by the offender is an element, then, on the complaint of— the owner of property; or a person who is legally entitled to possession of the property; the court may order the property to be restored to the owner or person. The order— may be enforced as a judgment; and is binding on the offender, and any person claiming through the offender, as determining the ownership of the property; but, as regards any other person, has the effect only of changing the possession of the property, and does not affect any right of property or right of action. In a case to which subsection (1) applies, the court may order that any personal property— that is found in the offender’s possession; and that appears to the court to have been obtained, directly or indirectly, from the unlawful obtaining mentioned in subsection (1) ; be delivered to the person who appears to the court to be entitled to the personal property. This section does not apply to a valuable security if it appears that— the security has been paid or discharged in good faith by a person liable to make payment of the security; or if the security is a negotiable instrument—the security has been taken or received by transfer or delivery in good faith by a person for a valuable consideration without notice and the person did not have reasonable cause to suspect that the security had been unlawfully obtained. In subsection (4) — valuable security includes any document that— is the property of any person; and is evidence of the ownership of any property or of the right to recover or receive any property. (sec.194-ssec.1) If an offender is convicted on indictment on a charge of which the unlawful obtaining of property by the offender is an element, then, on the complaint of— the owner of property; or a person who is legally entitled to possession of the property; the court may order the property to be restored to the owner or person. (sec.194-ssec.2) The order— may be enforced as a judgment; and is binding on the offender, and any person claiming through the offender, as determining the ownership of the property; but, as regards any other person, has the effect only of changing the possession of the property, and does not affect any right of property or right of action. (sec.194-ssec.3) In a case to which subsection (1) applies, the court may order that any personal property— that is found in the offender’s possession; and that appears to the court to have been obtained, directly or indirectly, from the unlawful obtaining mentioned in subsection (1) ; be delivered to the person who appears to the court to be entitled to the personal property. (sec.194-ssec.4) This section does not apply to a valuable security if it appears that— the security has been paid or discharged in good faith by a person liable to make payment of the security; or if the security is a negotiable instrument—the security has been taken or received by transfer or delivery in good faith by a person for a valuable consideration without notice and the person did not have reasonable cause to suspect that the security had been unlawfully obtained. (sec.194-ssec.5) In subsection (4) — valuable security includes any document that— is the property of any person; and is evidence of the ownership of any property or of the right to recover or receive any property. - (a) the owner of property; or - (b) a person who is legally entitled to possession of the property; - (a) may be enforced as a judgment; and - (b) is binding on the offender, and any person claiming through the offender, as determining the ownership of the property; - (a) that is found in the offender’s possession; and - (b) that appears to the court to have been obtained, directly or indirectly, from the unlawful obtaining mentioned in subsection (1) ; - (a) the security has been paid or discharged in good faith by a person liable to make payment of the security; or - (b) if the security is a negotiable instrument—the security has been taken or received by transfer or delivery in good faith by a person for a valuable consideration without notice and the person did not have reasonable cause to suspect that the security had been unlawfully obtained. - (a) is the property of any person; and - (b) is evidence of the ownership of any property or of the right to recover or receive any property.