THEFT ACT (NORTHERN IRELAND) 1969 - SECT 27 Orders for restitution.

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THEFT ACT (NORTHERN IRELAND) 1969 - SECT 27

Orders for restitution.

27.(1) Where goods have been stolen, and [either] a person is convicted of any
offence with reference to the theft (whether or not the stealing is the gist
of his offence) [or a person is convicted of any other offence and such an
offence as aforesaid is taken into consideration in determining his sentence],
the court by or before which the offender is convicted may, on the conviction,
exercise any of the following powers

(a)the court may order anyone having possession or control of the goods to
restore them to any person entitled to recover them from him; or

(b)on the application of a person entitled to recover from the person
convicted any other goods directly or indirectly representing the
first-mentioned goods (as being the proceeds of any disposal or realisation of
the whole or part of them or of goods so representing them), the court may
order those other goods to be delivered or transferred to the applicant; or

[(c)the court may order that a sum not exceeding the value of the
first-mentioned goods shall be paid, out of any money of the person convicted
which was taken out of his possession on his apprehension, to any person who,
if those goods were in the possession of the person convicted, would be
entitled to recover them from him.]

(2) Where, under subsection (1), the court has power on a person's conviction
to make an order against him both under paragraph (b) and under paragraph (c)
with reference to the stealing of the same goods, the court may make orders
under both paragraphs provided that the [person in whose favour the orders are
made] does not thereby recover more than the value of those goods.

(3) Where, under subsection (1), the court on a person's conviction makes an
order under paragraph (a) for the restoration of any goods, and it appears to
the court that the person convicted has sold the goods to a person acting in
good faith, or has borrowed money on the security of them from a person so
acting, ..., the court may order that there shall be paid to the [purchaser or
lender], out of any money of the person convicted which was taken out of his
possession on his apprehension, a sum not exceeding the amount paid for the
purchase by the [purchaser] or, as the case may be, the amount owed to the
[lender] in respect of the loan.

(4) The court shall not exercise the powers conferred by this section unless
in the opinion of the court the relevant facts sufficiently appear from
evidence given at the trial or the available documents, together with
admissions made by or on behalf of any person in connection with any proposed
exercise of the powers; and, for this purpose, "the available documents" means
any written statements or admissions which were made for use, and would have
been admissible, as evidence at the trial, the depositions taken at any
committal proceedings and any written statements or admissions used as
evidence in those proceedings.

Subs.(5) rep. by 1980 c.47 s.51(2) sch.5

(6) For purposes of this section, references to stealing are to be construed
in accordance with section 23(1) and (5), ...

S.28 substitutes para.11 of sch.3 to 1964 c.21 (NI)

Effect on civil proceedings and rights.

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Northern Irish Legislation

THEFT ACT (NORTHERN IRELAND) 1969 - SECT 27