Part I

Appeal to Court of Appeal in Criminal Cases

Other matters depending on result of appeal

Restitution of property.
30
1
The operation of an order for the restitution of property to a person made by the Crown Court shall, unless the Court direct to the contrary in any case in which, in their opinion, the title to the property is not in dispute, be suspended until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, and provision may be made by rules of court for the custody of any property in the meantime.
2
The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
3
Where the
Supreme Court
restores a conviction, it may make any order for the restitution of property which the court of trial could have made.
S. 30 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 28
S. 30 extended by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 31(2)
S. 30 modified (30.10.1994) by S.I. 1994/2716, reg. 26(2)
S. 30 modified (25.8.2000) by 2000 c. 6, ss. 148(7), 168(1)
Words in s. 30(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(2); S.I. 2009/1604, art. 2(d)
S. 30 modified (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 150(7), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
S. 30 modified (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 31(2)
S. 30 modified (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 29(2) (with reg. 125)