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Restitution of property in case of conviction

Cap. 99, s. 111 · Revised Edition 2020

(1) Subject as hereinafter provided, where any person is convicted of a summary conviction 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 any person is convicted before the court of having stolen or dishonestly obtained any property, and it appears to the court that the property has been pawned to a pawnbroker or other person, the court may order the delivery thereof to the person who appears to the court to be the owner, either on payment or without payment to the pawnbroker or other person of the amount of the loan or any part thereof, as to the court, in all the circumstances of the case, seems just. (3) If the person in whose favour the order is made pays the money to the pawnbroker or other person under the order and obtains the property, he shall not afterwards question the validity of the pawn, but except to that extent no order made under this section shall have any further effect than to change the possession, nor shall it prejudice any right of property or right of action in respect to property existing or acquired in the goods either before or after the offence was committed. (4) Nothing in this section shall prevent the court from ordering the return to any person charged with a summary conviction offence, or to any person named by the court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the court is of opinion that that property or any portion thereof can be returned consistently with the interests of justice and with the safe custody or otherwise of the person so charged. Keeping the Peace
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