Criminal Justice (Theft and Fraud Offences) Act, 2001
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Orders for restitution. |
56.—(1) Where property has been stolen and either— | |
(a) a person is convicted of an offence with reference to the theft (whether or not the stealing is the essential ingredient of the offence), or | ||
(b) a person is convicted of any other offence but the first-mentioned offence is taken into consideration in determining his or her sentence, | ||
the court by or before which the person is convicted may on the conviction (whether or not the passing of sentence is in other respects deferred)— | ||
(i) order anyone having possession or control of the property to restore it to any person entitled to recover it from the convicted person, | ||
(ii) on the application of a person entitled to recover from the convicted person any other property directly or indirectly representing the first-mentioned property (as being the proceeds of any disposal or realisation of the whole or part of it or of property so representing it), order that other property to be delivered or transferred to the applicant, or | ||
(iii) order that a sum not exceeding the value of the first-mentioned property shall be paid, out of any money of the convicted person which was taken out of his or her possession when arrested, to any person who, if that property were in the possession of the convicted person, would be entitled to recover it from him or her. | ||
(2) Where the court has power on a person's conviction to make an order against him or her under both paragraph (ii) and paragraph (iii) of subsection (1) with reference to the stealing of the same property, the court may make orders under both paragraphs, if the person in whose favour the orders are made does not thereby recover more than the value of that property. | ||
(3) Where— | ||
(a) the court makes an order under subsection (1)(i) for the restoration of any property, and | ||
(b) it appears to the court that the convicted person has sold the property to a person acting in good faith or has borrowed money on the security of it from a person so acting, | ||
then, on the application of the purchaser or lender the court may order that there shall be paid to the applicant, out of any money of the convicted person which was taken out of his or her possession when arrested, a sum not exceeding the amount paid for the purchase by the applicant or, as the case may be, the amount owed to the applicant in respect of the loan. | ||
(4) (a) The court shall not exercise the powers conferred by this section unless in its opinion 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. | ||
(b) In paragraph (a) “available documents” means— | ||
(i) any written statements or admissions which were made for use, and would have been admissible in evidence, at the trial, | ||
(ii) any depositions taken in any proceedings before the trial, and | ||
(iii) any written statements or admissions used as evidence at the trial or in any such proceedings. | ||
(5) The provisions of section 20 in relation to property which has been stolen shall have effect also in relation to the property referred to in this section. | ||
(6) This section is without prejudice to the Police (Property) Act, 1897 (disposal of property in the possession of the Garda Síochána). |