both paragraphs provided that the applicant for the orders does not thereby recover more than the value of those goods.
(3) Where under subsection (1) above the court on a person’s conviction makes an order under paragraph (a) for the restoration of any goods, and it appears to the court that the person convicted has sold the goods to a person acting in good faith, or has borrowed money on the security of them from a person so acting, then on the application of the purchaser or lender the court may order that there shall be paid to the applicant, out of any money of the person convicted which was taken out of his possession on his apprehension, a sum not exceeding the amount paid for the purchase by the applicant or, as the case may be, the amount owed to the applicant in respect of the loan.
(4) The court shall not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence given at the trial or the available documents, together with admissions made by or on behalf of any person in connection with any proposed exercise of the powers; and for this purpose “the available documents” means any written statements or admissions which were made for use, and would have been admissible, as evidence at the trial, the depositions taken at any committal proceedings and any written statements or admissions used as evidence in those proceedings.
(5) Any order under this section shall be treated as an order for the restitution of property within the meaning of sections 30 and 42 of the 1968 c. 19.Criminal Appeal Act 1968 (which relate to the 1968 effect on such orders of appeals).
(6) References in this section to stealing are to be construed in accordance with section 24(1) and (4) of this Act.
Jurisdiction of quarter sessions, and summary trial.
1967 c. 58
1952 c. 55.
29.—(1) In Schedule 1 to the Criminal Law Act 1967 there shall cease to have effect paragraph 13(a) and (b) of List B (which exclude from the jurisdiction of quarter sessions the theft etc. of court records and documents of title to land).
(2) In Schedule 1 to the Magistrates’ Courts Act 1952 (which lists the indictable offences by adults which may be tried summarily with the consent of the accused) for paragraph 11 there shall be substituted:
- “11. Any indictable offence under the Theft Act 1968 except—
- (a) robbery, aggravated burglary, blackmail and assault with intent to rob; and
