{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-28.7",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-28.7.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/28.7",
  "kind": "rule",
  "number": "28.7",
  "heading": "Application for a restitution order by the victim of a theft",
  "text": "(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.\n(2) A person who wants the court to exercise that power if the defendant is convicted must—\n(a) apply in writing as soon as practicable (without waiting for the verdict);\n(b) serve the application on the court officer; and\n(c) in the application—\n(i) identify the goods, and\n(ii) explain why the applicant is entitled to them.\n(3) The court officer must serve a copy of the application on each party.\n(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).\n(5) The court may—\n(a) extend (even after it has expired) the time limit under paragraph (2); and\n(b) allow an application to be made orally.\n[Note. For the circumstances in which the court may order—\n(a) the return of stolen goods, see section 147 of the Sentencing Act 2020;\n(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.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 28.7 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2020 c. 17."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/28.7",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}