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229.   Orders for restitution

Revised Laws of Saint Lucia (2021)

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229.   Orders for restitution

  1.  

    (1)   Where goods have been stolen, and a person is convicted of an offence with reference to the theft (whether or not the stealing is the gist of his or her offence), the Court by or before which the offender is convicted may, on the conviction, exercise any of the following powers—

    1.  

      (a)     the Court may order anyone having possession or control of the stolen goods to restore them to any person entitled to recover them from him or her; or

    1.  

      (b)     on the application of a person entitled to recover from the person convicted any other goods directly or indirectly representing the stolen goods (as being the proceeds of any disposal or realisation of the whole or part of them or of goods so representing them), the Court may order those other goods to be delivered or transferred to the applicant; or

    1.  

      (c)     on the application of a person who, if the stolen goods were in the possession of the person convicted, would be entitled to recover them from him or her, the Court may order that a sum not exceeding the value of those goods shall be paid to the applicant out of any money of the person convicted which was taken out of his or her possession on his or her arrest.

  1.  

    (2)   Where under subsection (1) the Court has power on a person's conviction to make an order against him or her both under paragraph (b) and paragraph (c) with reference to the stealing of the same goods, the Court may make orders under both paragraphs provided that the applicant for the orders does not thereby recover more than the value of those goods.

  1.  

    (3)   Where under subsection (1) the Court on a person's conviction makes an order under paragraph (a) for the restoration of any goods, and it appears to the Court that the person convicted has sold the goods to a person acting in good faith, or has borrowed money on the security of them from a person so acting, then on the application of the purchaser or lender the Court may order that there shall be paid to the applicant, out of any money of the person convicted, a sum not exceeding the amount paid for the purchase by the applicant or, as the case may be, the amount owed to the applicant in respect of the loan.

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