Section 387 — Crimes Act 1961: Revesting and restitution of property on conviction

387 Revesting and restitution of property on conviction (1) The operation of any order for the restitution of any property to any person made on a conviction on indictment, and the operation, in case of any such conviction, of the provisions of subsection (1) of section 26 of the Sale of Goods Act 1908 as to the revesting of the property in stolen goods on conviction, shall (unless the Court before which the conviction takes place directs to the contrary in any case in which, in its opinion, the title to the property is not in dispute) be suspended— (a) in any case, until the expiration of any period within which an appeal against conviction or sentence may be lodged; and (b) if an appeal against conviction or sentence is lodged, until the determination of the appeal, unless otherwise ordered by the Court,— and in cases where the operation of any such order or the operation of the said provisions is suspended until the determination of the appeal the order or provisions, as the case may be, shall not take effect as to the property in question if the conviction is quashed on appeal. Provision may be made by rules of Court for securing the safe custody of any property, pending the suspension of the operation of any such order or of the said provisions. (2) The Court of Appeal may by order annul or vary any order made on a trial for the restitution of any property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect, and, if varied, shall take effect as so varied. Compare: 1945 No 23 s 6 Subsection (1)(a) and (1)(b) were substituted, as from 10 December 2001, by section 4 Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92). See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See section 12 of that Act as to transitional provisions. See sections 13 to 16 for validation of determinations made before the Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) came into force.