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In force2020 Revised Edition

Part 19 · Disposal of Property

366. Payment to innocent person of money in possession of convicted person

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(1)

Where a person is convicted of an offence that includes or amounts to theft or receiving stolen property, and it is proved that another person had bought the stolen property from the convicted person without knowing or having reason to believe that it was stolen, the court may, on application by the purchaser and after restoring the stolen property to its rightful owner, order that a sum not exceeding the price paid by the purchaser be given to the purchaser out of any money in the possession of the convicted person.

(2)

Any order made under this section does not affect any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the sum paid under the order, but any claim by a person or the person’s representatives for civil damages in respect of the purchase of stolen property arising from the offence, is deemed to have been satisfied to the extent of the amount paid to the person under that order.

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