Cap. 220 Art. 142Restitution or compensation for theft, etc.

(1) The following provisions shall have effect where a person has been convicted by court-martial of an offence against articles 43, 57(1) or 58, or of a corresponding civil offence under article 75, or of otherwise unlawfully obtaining any property.

(2) If any property unlawfully obtained as aforesaid has been found in the possession of the offender, it may be ordered to be delivered or paid to the person appearing to be the owner thereof.

(3) If there has been found in the possession of the offender any property (other than money) appearing to have been obtained by him by the conversion or exchange of any of the property unlawfully obtained as aforesaid, the property may be ordered to be delivered to the person appearing to be the owner of the property unlawfully obtained.

(4) Where money is found in the possession of the offender, then whether or not it appears to have been obtained as aforesaid an order may be made that there shall be paid out of that money to the person appearing to be the owner of the property unlawfully obtained such sum as may be specified in the order as or towards compensation for the loss caused to the said person by the offence, in so far as not otherwise made good under this Act or by the recovery of the property unlawfully obtained.

(5) Where any of the property unlawfully obtained as aforesaid has been sold or given in pawn to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property sold or given as aforesaid, there shall be paid to the said other person, out of any money found in the possession of the offender (whether or not the money appears to be proceeds of the sale or giving in pawn), such sum as may be specified in the order as or towards compensation for the loss caused to him in consequence of the sale or giving in pawn.

(6) Where any of the property unlawfully obtained as aforesaid has been given in exchange to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property given as aforesaid, there shall be restored to the said other person the property taken in exchange for the property unlawfully obtained.

(7) An order under this article may be made by the court-martial by whom the offender is convicted, by the confirming officer, or by a reviewing authority; and in this article the expression "appearing" means appearing to the court, officer or authority making the order.

(8) An order under this article made by a court-martial shall not have effect until confirmed by the confirming officer; and the provisions of this Part of this Act as to confirmation and review of the proceedings of courts-martial shall apply to an order under this article as they apply to a sentence.

(9) The operation of an order under this article shall be suspended -

(a) in any case, until the expiration of the period within which an appeal may be made under this Part of this Act to the Court of Criminal Appeal;

(b) if such an appeal is duly lodged, until the appeal is determined or abandoned, and where the operation of such an order as aforesaid is suspended under this article -

(i) it shall not take effect if the conviction is quashed on appeal;

(ii) the appeal court may by order annul or vary the order although the conviction is not quashed;

(iii) such steps shall be taken for the safe custody, during the period during which the operation of the order is suspended, of the property ordered to be restored or handed over or the money to which the order relates as may be prescribed or as the appeal court may direct.

(10) Notwithstanding anything in the last foregoing sub-article, an order under this article shall not, so far as it relates to the delivery of property to the person appearing to be the owner thereof, be suspended if the court, officer or authority making the order directs to the contrary in any case in which, in the opinion of the court, officer or authority, the title to the property is not in dispute.

(11) An order under this article shall not bar the right of any person, other than the offender or a person claiming through him, to recover any property delivered or paid in pursuance of such an order from the person to whom it is delivered or paid.