THIRD GROUP OF PARTS

Disposals
PART 7

Financial orders and orders relating to property
CHAPTER 3

Restitution and restoration

Restitution orders: interpretation and application
151
1
In this Chapter, references to stealing are to be read in accordance with—
a
section 1(1) of the Theft Act 1968 (read with the provisions of that Act relating to the construction of section 1(1)), and
b
subsections (2) and (3).
(See also section 119(2) of the Consumer Credit Act 1974, which treats unreasonable refusal to deliver pawn as stealing for the purposes of this Chapter.)
2
In this Chapter, references to goods which have been stolen include references to goods which have been obtained—
a
by blackmail, or
b
by fraud (within the meaning of the Fraud Act 2006);
and references to “stealing” and “theft” are to be read accordingly.
3
In determining for the purposes of this Chapter whether goods have been stolen, it is immaterial whether the stealing occurred—
a
before or after the Theft Act 1968, or the Fraud Act 2006, came into force, or
b
in England and Wales or elsewhere,
provided that the stealing (if not an offence under either of those Acts) amounted to an offence where and when the goods were stolen.
4
In this Chapter, “goods”, except so far as the context otherwise requires, includes money and every other description of property (within the meaning of the Theft Act 1968) except land, and includes things severed from the land by stealing.
5
A restitution order may be made in respect of money owed by the Crown.
S. 151 in force at 1.12.2020 by S.I. 2020/1236, reg. 2