Sentencing Act 1997
65Restitution order
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65 Restitution order
(1) If goods are 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 an order –
(a) that the person who has possession or control of the stolen goods restore them to the person entitled to them; or
(b) 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); or
(c) 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 arrest if the court is satisfied that the money so taken belongs to the offender.
(2) An order under subsection (1)(b) or (c) 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 the offender.
(3) The court may make an order under both subsection (1)(b) and (c) if 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 subsection (1)(a) 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 that person, order that a sum not exceeding the purchase price or the amount loaned, as the case requires, be paid to that person out of money taken from the offender's possession on arrest if the court is satisfied that the money so taken belongs to the offender.
(5) An order under this section may be made by the court –
(a) on its own motion; or
(b) on an application made –
(i) by a person in whose favour the order is sought; or
(ii) on that person's behalf by the DPP, if the sentencing court was the Supreme Court, or the complainant or police prosecutor, if the sentencing court was a court of petty sessions.