(1) When a person is prosecuted on a charge for an offence of which the unlawful acquisition of the property by him or her is an element, and he or she is convicted of the offence, the Court may order that the property be restored to the owner or his or her representative.
(2) Any such order has the effect of a judgment and is binding on the offender and any person claiming through him or her as determining the ownership of the property, but as regards any other person the order has the effect only of changing the possession of the property and does not affect any right of property or right of action.
(3) In any such case, the Court may order that the personal property which is found in the possession of the offender and which appears to the Court to have been derived directly or indirectly, from unlawful acquisition of property, shall be delivered to any person who appears to the Court to be entitled to the property so unlawfully acquired.
(4) This section does not apply to a valuable security, if it appears that the security has been paid or discharged in good faith by the person liable for the payment thereof, or, in the case of a negotiable instrument, that it has been taken or received by transfer or delivery in good faith by some person for a valuable consideration and without any reasonable cause to suspect that it has been unlawfully acquired.