CRIMINAL APPEAL ACT 1912 - SECT 9
Revesting and restitution of property
CRIMINAL APPEAL ACT 1912 - SECT 9
Revesting and restitution of property
9 Revesting and restitution of property
(1) The operation of any order for the restitution of any property, or for the
payment of compensation to an aggrieved person, made by the court of trial
shall (unless such court directs to the contrary in any case in which in its
opinion the title to the property is not in dispute) be suspended--
(a) until
the expiration of the time provided by this Act for giving the court notice of
intention to appeal or to apply for leave to appeal, and
(b) if the notice is
given within that time, until the determination of the appeal or the refusal
of the application (or until the expiration of any time prescribed by the
rules of court for making the appeal or application after the giving of the
notice),
and in cases where the operation of any such order is suspended until
the determination of the appeal, the order shall not take effect as to the
property in question if the conviction is quashed on appeal, except by the
special order of the court.
(2) The court may annul or vary any such order
although the conviction is not quashed.
(3) The court or a judge thereof may
give such directions as the court or judge thinks fit for the custody of any
such property pending the suspension of any such order.
(4) Where a direction
for the payment of compensation is given under section 71 or 77B of the
Victims Compensation Act 1996 against any person in respect of an offence
taken into account under Division 3 of Part 3 of the
Crimes (Sentencing Procedure) Act 1999 in passing sentence--
(a) the
operation of the direction shall be suspended until the expiration of the time
provided for appealing to the court, and
(b) where notice of appeal or of
application for leave to appeal is given within the time provided, the
operation of the direction shall be suspended until the determination of the
appeal or refusal of the application,
and in cases where the operation of any
such direction is suspended until the determination of the appeal, the
direction shall not take effect if the conviction for the offence or, if more
than one, all the offences, of which that person was convicted in the
proceedings in which the direction was given, is quashed on appeal, except by
the special order of the court.
(5) Where a direction for the payment of
compensation is given under section 71 or 77B of the Victims Compensation Act
1996 against any person in respect of an offence taken into account under
Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 in passing
sentence, the court may annul or vary any such direction although the
conviction for the offence or, if more than one, all the offences, of which
that person was convicted in the proceedings in which the direction was given
is not quashed on appeal.