Section 404 — Crimes Act 1961: Restitution of property

404 Restitution of property (1) Where any one is convicted of any offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the Court to be delivered to the person who appears to the Court to be entitled thereto. (2) Where an order is made under subsection (1) of this section, and it appears to the Court that a purchaser has bought the property in good faith and without knowledge that it was dishonestly obtained, the Court may order that on the restitution of the property the offender shall pay to the purchaser a sum not exceeding the amount paid by him. (2A) Where, on the arrest of the offender, any money was taken from him, the Court may in its discretion order the whole or any part of the money to be applied to any such payment. (2B) An order for payment under subsection (2) of this section may be enforced in the same manner as a fine. (2C) An order for payment under subsection (2) of this section shall not affect the right of any person to recover by civil proceedings any sum in excess of the amount recovered under the order. (3) Where any one is convicted of having stolen or dishonestly obtained any property, and it appears to the Court that the property has been pawned to a pawnbroker, the Court may order the pawnbroker to deliver it to the person appearing to the Court to be entitled to it, either on payment or without payment to the pawnbroker of the amount of the loan or any part thereof, as the Court in all the circumstances of the case deems just: Provided that before an order is made for the delivery of the property without payment to the pawnbroker, he shall be given an opportunity to be heard. (4) If the person in whose favour any order under subsection (3) of this section is made thereby obtains the property, he shall not afterwards question the validity of the pawn. (5) Except as provided in subsection (4) of this section, no order made under this section shall have any further effect than to change the possession, and no such order shall prejudice any right of property, or any right of action in respect of any property, existing or acquired in the goods either before or after the offence was committed. Compare: 1908 No 32 s 451; 1952 No 42 s 13 Subsection (2) was amended, as from 1 October 1985, by section 16(1) Crimes Amendment Act (No 2) 1985 (1985 No 121) by omitting the words “ The provisions of subsections (2) to (4) of section 403 of this Act shall apply to any such order. ” Subsections (2A) to (2C) were inserted, as from 1 October 1985, by section 16(2) Crimes Amendment Act (No 2) 1985 (1985 No 121).