Rule 28.7 Application for a restitution order by the victim of a theftI1

England and Wales

(1)

This rule applies where, on application by the victim of a theft, the court can order a defendant to give that person goods obtained with the proceeds of goods stolen in that theft.

(2)

A person who wants the court to exercise that power if the defendant is convicted must—

(a)

apply in writing as soon as practicable (without waiting for the verdict);

(b)

serve the application on the court officer; and

(c)

in the application—

(i)

identify the goods, and

(ii)

explain why the applicant is entitled to them.

(3)

The court officer must serve a copy of the application on each party.

(4)

The court must not determine the application unless the applicant and each party has had an opportunity to make representations at a hearing (whether or not each in fact attends).

(5)

The court may—

(a)

extend (even after it has expired) the time limit under paragraph (2); and

(b)

allow an application to be made orally.

[Note. For the circumstances in which the court may order—

(a)

the return of stolen goods, see section 147 of the Sentencing Act 2020^f1;

(b)

the defendant to give the victim of the theft goods that are not themselves the stolen goods but which represent their proceeds, see section 147(1)(b) of the 2020 Act.]

Rule 28.7 Application for a restitution order by the victim of a theftI1

Annotations

Commencement

Footnotes