CRIMINAL PROCEDURE ACT 1986 - SECT 43
Restitution of property
CRIMINAL PROCEDURE ACT 1986 - SECT 43
Restitution of property
43 Restitution of property
(1) In any criminal proceedings in which it is alleged that the accused person
has unlawfully acquired or disposed of property, the court may order that the
property be restored to such person as appears to the court to be lawfully
entitled to its possession.
(2) Such an order may be made whether or not the
court finds the person guilty of any offence with respect to the acquisition
or disposal of the property.
(3) Such an order may not be made in respect
of--
(a) any valuable security given by the accused person in payment of a
liability to which the person was subject when the payment was made, or
(b)
any negotiable instrument accepted by the accused person as valuable
consideration in circumstances in which the person had no notice, or cause to
suspect, that the instrument had been dishonestly come by.
