# The Criminal Procedure Rules 2025, Rule 28.7: Application for a restitution order by the victim of a theft

Extent: E+W

(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;
(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.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/28.7 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-28.7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

