Sentencing Act 2020

147 Restitution order where goods stolen or obtained by blackmail or fraud

(1) In this Code, “restitution order” means an order made in an offender’s case with respect to particular goods (referred to in this section as “the stolen goods”) that—

(a) requires anyone who has possession or control of the stolen goods (“the holder”) to restore them to any other person entitled to recover them from the holder,

(b) requires any other goods representing the stolen goods to be transferred or delivered to any person entitled to recover those other goods from the offender,

(c) requires payment of a sum out of any removed money to any person who would be entitled to recover the stolen goods from the offender if they were in the offender’s possession, or

(d) requires payment of a sum out of any removed money to—

(i) any person to whom the offender has sold the stolen goods, or

(ii) any person from whom the offender has borrowed money on the security of the stolen goods.

(2) For the purposes of subsection (1)—

(a) goods represent the stolen goods if they are the proceeds of disposal or realisation of all or part of the stolen goods, or of other goods which represent the stolen goods;

(b) “removed money” means money of the offender which was taken out of the offender’s possession when the offender was apprehended.