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Administration of Justice Act 1960

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This is the original version (as it was originally enacted).

7Restitution and revesting of property

(1)Where the operation of an order for the restitution of property made on conviction on indictment is suspended until the determination of an appeal to the Court of Criminal Appeal, then, if the conviction is not quashed on that appeal, the operation of the order shall continue to be suspended—

(a)in any case, until the expiration of the time within which an application for leave to appeal may be made (disregarding any extension of time which may be granted under section two of this Act); and

(b)if any such application is made within that time, so long as the appeal under section one of this Act is pending.

(2)Where the operation of any such order as aforesaid is suspended under this section—

(a)the order shall not take effect if the conviction is quashed on appeal to the House of Lords ;

(b)such steps shall be taken for the safe custody of the property in question during the period during which the operation of the order is suspended as may be prescribed by rules under section eighteen of the Criminal Appeal Act, 1907.

(3)Where by reason of the quashing by the Court of Criminal Appeal of a person's conviction any such order does not take effect and on an appeal under this Act the conviction is restored by the House of Lords, that House may make any order for the restitution of property which could be made on his conviction by the court which convicted him.

(4)This section applies in relation to subsection (1) of section twenty-four of the Sale of Goods Act, 1893 (which provides that the property in stolen goods is to revest in the owner on the conviction of the thief) as it applies in relation to an order for the restitution of property; and without prejudice to the powers of the House of Lords under subsection (3) of this section, the said section twenty-four shall apply in any case where a conviction on indictment is restored by that House as it applies on the conviction of an offender.

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