South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 162

162—Revesting and restitution of property on conviction

        (1)         The operation of any order for the restitution of any property to any person, or with reference to any property or the payment of money, made on, or in connection with, a conviction on information and the operation, in case of any such conviction, of the provisions of section 24(1) of the Sale of Goods Act 1895 as to the revesting of the property in stolen goods on conviction will (unless the court before which the conviction takes place directs to the contrary in any case in which in its opinion the title to the property is not in dispute) be suspended—

            (a)         in any case, until the expiration of 10 days after the date of the conviction; and

            (b)         in cases where notice of appeal or permission to appeal is given within 10 days after the date of conviction—until the determination of the appeal,

and, in cases where the operation of any such order or provisions is suspended until the determination of the appeal, the order or provisions (as the case may be) will not take effect as to the property in question if the conviction is quashed on appeal, except by the special order of the Court of Appeal.

        (2)         Provision may be made by rules of court for securing the safe custody of any property pending the suspension of the operation of any such order or provisions.

        (3)         The Court of Appeal may, by order, annul or vary, or refuse to annul or vary, any order made on, or in connection with, a conviction for the restitution of any property to any person, or with reference to any property or the payment of money, whether the conviction or sentence is or is not quashed (and the order, if annulled, will not take effect and, if varied, will take effect as so varied).



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