Western Australian Current Acts

SENTENCING ACT 1995 - SECT 120

120 .         Making restitution order

        (1)         If a court sentencing an offender for an offence which involves the misappropriation of property is satisfied that —

            (a)         the offender is in possession of the property; or

            (b)         a person other than the offender (the third party ) is in possession of the property,

                the court may make a restitution order in favour of the person who appears to the court to be entitled to the possession of the property (the victim ).

        (2)         A restitution order is an order that the offender or the third party (as the case may be) must give possession of the property to the victim within a period set by the court.

        (3)         A restitution order may direct the offender or the third party (as the case may be) to do all such things and execute all such documents as may be necessary, or as may be specified in the order, for the purpose of giving effect to the object of the order.

        (4)         A restitution order must not be made against a third party unless the third party has been given an opportunity to be heard by the court.

        (5)         A restitution order does not prejudice any person’s title to the property.

        [Section 120 amended: No. 84 of 2004 s. 65.]