95Restitution order

95 Restitution order

(1)  A restitution order is an order containing one or more of the following requirements:

(a) that a person who has possession or control of stolen goods restore them to the person entitled to them;

(b) that the youth deliver to another person goods that are the proceeds of any disposal or realisation of the whole or part of –

(i) stolen goods; or

(ii) goods obtained by the disposal or realisation of the whole or part of the stolen goods;

(c) that an amount not exceeding the value of stolen goods be paid to another person out of money taken from the youth's possession on his or her arrest.

(2)  If –

(a) the Court makes a restitution order containing a requirement referred to in subsection (1)(a) ; and

(b) it appears to the Court that the person against whom the order is made bought the stolen goods in good faith from the youth or lent money in good faith on the security of the stolen goods to the youth –

the Court may, on the application of the purchaser or lender, order that an amount not exceeding the purchase price or the amount lent be paid to the purchaser or lender out of money taken from the youth's possession on his or her arrest.

(3)  A restitution order containing a requirement referred to in subsection (1)(b) or (c) may be made only in favour of a person who, if the stolen goods were in the youth's possession, would be entitled to recover them from the youth.

(4)  The Court may make a restitution order containing both of the requirements referred to in subsection (1)(a) and (b) only if the total of the value of the goods delivered to the person in whose favour the order is made and the amount paid to that person under the order is not more than the value of the stolen goods.

(5)  A restitution order may be made by the Court –

(a) on its own motion; or