Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
Where goods have been stolen and an offender is convicted of any offence with reference to theft of those goods, the court may make a restitution order (Sentencing Code, s.148). See also Criminal Procedure Rules r.28.7 (external website, this link will not work if you are offline).
The court may:
- order anyone in possession or control of the stolen goods to restore them to the victim;
- on the application of the victim, order that goods directly or indirectly representing the stolen goods (as being the proceeds of any disposal or realisation of the stolen goods) be transferred to the victim; or
- order that a sum not exceeding the value of the stolen goods be paid to the victim out of any money taken out of the offender’s possession on his or her apprehension.