Ancillary Orders Consultation

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

ss.147-151 Sentencing Code

Availability

Where goods have been stolen or obtained through blackmail or fraud and an offender is convicted of any offence with reference to theft of those goods, the court may make a restitution order.

A restitution order may also be ordered in respect of offences taken into consideration.

Effect of the order

The court may:

1. order anyone in possession or control of the stolen goods to restore them to the victim
2. on the application of the victim, order that goods directly or indirectly representing the stolen goods (as being the proceeds of any disposal or realisation of the stolen goods) be transferred to the victim, or
3. order that a sum not exceeding the value of the stolen goods be paid to the victim (or any person who has bought the stolen goods in good faith – limited to the amount paid) out of any money taken out of the offender’s possession on his or her apprehension

Considerations

The order should be made only where the evidence identifying the goods or the proceeds of their sale is clear and there is no issue as to title.

Orders may be made before completion of confiscation proceedings.