Part 6Appeals
Further provisions: How appeal affects decisions under appeal
352Revesting and restitution of property on conviction
The operation of an order for the restitution of property to a person made on a conviction, and the operation in that case of the provisions of section 152(1) of the Contract and Commercial Law Act 2017 as to the revesting of the property in stolen goods on conviction, is suspended—
- in all cases until the end of any period for filing a notice of appeal or notice of application for leave to appeal against conviction or sentence; and
- if a notice of appeal against conviction or sentence is filed, until the appeal is determined or abandoned unless the court orders otherwise.
A suspension that applies to the operation of an order or of section 152(1) of the Contract and Commercial Law Act 2017 until an appeal is determined does not take effect as to the property in question if the conviction is set aside on appeal.
The court in which a conviction is entered may direct that there be no suspension under subsection (1) if it considers that the title to the property is not in dispute.
The first appeal court may set aside or vary any order made on conviction for the restitution of any property to any person, although the conviction itself is not set aside.
Compare
- 1961 No 43 s 387
Notes
- Section 352(1): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
- Section 352(2): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).


