Law library · Sierra Leone · The Criminal Procedure Act, 2024
Section 57, The Criminal Procedure Act, 2024
Status not yet checkedThe Criminal Procedure Act, 2024, Sierra Leone
(1) Where a person is convicted of having stolen orotherwise obtained property dishonestly by means of an offence, or,
is convicted of being involved in or facilitating the commission of an
offence, the Court convicting him may-
(a) order that the property or part thereof be
restored to the person who appears to be the
owner thereof either on payment or without
payment by the owner to the person in whose
possession such property or a part thereof
of any sum named in the order;
(b) make an assessment as to the value of the
property at the time it was so stolen or
otherwise obtained as aforesaid, and order
that the sum so assessed be paid by the
person convicted to the person who appears
to be the owner of the property.
(2) Where a person is convicted of an offence and the
Court before which he is convicted is satisfied that the property has
been lawfully seized from him, or which was in his possession or
under his control at the time when he was apprehended for the offence,
or has been used for the purpose of committing or facilitating the
commission of an offence or was intended by him to be used for that
purpose, the Court may make such order as it thinks fit under this
section in respect of that property.
(3) This section shall not apply to-
28 29
Costs
payable by
party
convicted.
Costs to be
paid by
complainant
in certain
Recovery of
damages, etc.
Form 10
Return of
property
found on
person
arrested.
Restitution
of property
stolen or
its value.
Payments t o
parties.
(a) valuable security which has been bona fide
paid or discharged by a person liable to pay
or discharge the security; or
(b) negotiable instrument or money which shall
have been bona fide received by transfer or
delivery by any person for a just and valuable
consideration without notice, or without any
reasonable cause to suspect, that it had been
stolen or otherwise dishonestly obtained; or
(c) an offence against sections 20, 21 and 22 of
the Larceny Act, 1916.
(4) On the restitution of a stolen property if it appears to
the Court by the evidence that the person convicted has sold the
stolen property to a person, and that the person had no knowledge
that the property was stolen, and that monies have been taken from
the person convicted on his apprehension and not returned to him
under section 56, the Court may, on the application of the purchaser,
order that out of such monies a sum not exceeding the amount of the
proceeds of the sale be delivered to the purchaser.
PRESERVATION OF TESTIMONY IN CERTAIN CASES
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