Sentencing Act 2020

149 Making a restitution order

(1) This section applies where a restitution order is available to a court in an offender’s case.

(2) The court may make a restitution order only if in the opinion of the court the relevant facts sufficiently appear from any of the following—

(a) evidence given at the trial;

(b) any written statements or admissions which were made for use, and would have been admissible, as evidence at the trial;

(c) any documents served on the offender in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons sent for trial);

(d) admissions made by or on behalf of any person in connection with any proposed exercise of the powers to make a restitution order.

(3) If the court makes restitution orders under paragraphs (b) and (c) of section 147(1) in respect of the theft of the same goods, they must not result in the person in whose favour they are made recovering more than the value of those goods.

(4) A restitution order under section 147(1)(c) may not require payment of more than the value of the stolen goods.

(5) Subsections (6) and (7) apply in relation to making to a restitution order under section 147(1)(d) in relation to any goods.

(6) The court may make the restitution order only if satisfied that—

(a) the purchaser was acting in good faith when purchasing the goods, or

(b) the lender was acting in good faith when lending money on the security of the goods.

(7) The restitution order may not require payment of more than—

(a) the amount which the purchaser paid for the purchase, or

(b) the amount owed to the lender in respect of the loan.