Criminal Code Act 1899

Subject to section 134 of the Penalties and Sentences Act 1992, the operation of any order for the restitution of any property, or for the payment of compensation to an aggrieved person, made by the court of trial, and the operation of the provisions of section 26(1) of the Sale of Goods Act 1896 as to the revesting of the property in stolen goods on conviction, shall (unless such court directs to the contrary in any case in which in its opinion the title to the property is not in dispute) be suspended—

until the expiration of the time provided for appealing to the Court; and

where notice of appeal or of application for leave to appeal is given within the time provided, until the determination of the appeal or refusal of the application or, where the appeal is by the Attorney-General against sentence within the time provided, until the determination of that appeal;

and in cases where the operation of any such order or the operation of the said provisions is suspended until the determination of the appeal, the order or provisions, as the case may be, shall not take effect as to the property in question if the conviction is quashed on appeal, except by the special order of the Court.

The Court may annul or vary any such order, although the conviction is not quashed.

Where any matter arises before the Court in relation to the operation or suspension of the operation of any such order as aforesaid or the operation or suspension of the operation of such provisions as aforesaid, the person in whose favour the order is made or the person benefiting from the operation of the said provisions, as the case may be, may appear in person, or by the person’s counsel or solicitor, before the Court and there make submissions in connection with such matter. sch 1 pt 8 ch 67 ch div 2 s 670 prev s 670 om 1913 4 Geo 5 No. 23 s 2(1)