Criminal Appeal (Northern Ireland) Act 1980

27 Restitution of property. U.K.

(1) Except as provided by this section the operation of an order made on a conviction on indictment for the restitution of property to any person shall be suspended—

(a) in any case until the expiration of twenty-eight days from the date of conviction; and

(b) in cases where notice of appeal or of application for leave to appeal is given within twenty-eight days from the date of conviction, until the determination of the appeal.

(2) Subsection (1) of this section shall not apply where the court of trial directs to the contrary in any case in which, in the court’s opinion, the title to the property is not in dispute.

(3) 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.

(4) 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.

(5) The Court of Appeal may by order annul or vary an order made by the court of trial for the restitution of 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.

(6) References in this section to an order for the restoration of property include references to—

(a) an order made under section 27 of the M1 Theft Act (Northern Ireland) 1969; and

(b) a compensation order made under [F1 Article 14 of the Criminal Justice (Northern Ireland) Order 1994].

Textual Amendments

F1 Words in s. 27(6)(b) substituted (9.1.1995) by S.I. 1994/2795 (N.I. 15) art. 26(1), Sch. 2, para. 7; S.R. 1994/446, art. 2

Marginal Citations

M1 1969 c. 16 (N.I.)