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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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