New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 9

9 Revesting and restitution of property

(1) The operation of any order for the restitution of any property, or for the payment of compensation to an aggrieved person, made by the court of trial shall (unless such court directs to the contrary in any case in which in its opinion the title to the property is not in dispute) be suspended--

(a) until the expiration of the time provided by this Act for giving the court notice of intention to appeal or to apply for leave to appeal, and

(b) if the notice is given within that time, until the determination of the appeal or the refusal of the application (or until the expiration of any time prescribed by the rules of court for making the appeal or application after the giving of the notice),

and in cases where the operation of any such order is suspended until the determination of the appeal, the order shall not take effect as to the property in question if the conviction is quashed on appeal, except by the special order of the court.

(2) The court may annul or vary any such order although the conviction is not quashed.

(3) The court or a judge thereof may give such directions as the court or judge thinks fit for the custody of any such property pending the suspension of any such order.

(4) Where a direction for the payment of compensation is given under section 71 or 77B of the Victims Compensation Act 1996 against any person in respect of an offence taken into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 in passing sentence--

(a) the operation of the direction shall be suspended until the expiration of the time provided for appealing to the court, and

(b) where notice of appeal or of application for leave to appeal is given within the time provided, the operation of the direction shall be suspended until the determination of the appeal or refusal of the application,

and in cases where the operation of any such direction is suspended until the determination of the appeal, the direction shall not take effect if the conviction for the offence or, if more than one, all the offences, of which that person was convicted in the proceedings in which the direction was given, is quashed on appeal, except by the special order of the court.

(5) Where a direction for the payment of compensation is given under section 71 or 77B of the Victims Compensation Act 1996 against any person in respect of an offence taken into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 in passing sentence, the court may annul or vary any such direction although the conviction for the offence or, if more than one, all the offences, of which that person was convicted in the proceedings in which the direction was given is not quashed on appeal.