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Searching all Ugandan Acts. Comprehensive results.
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(1)If any person charged with any offence as is mentioned in Chapters XXIV to XXIX, of the Penal Code Act, in stealing, taking, obtaining, extorting, converting, or disposing of, or in knowingly receiving any property is prosecuted to conviction or admits the offence under any of the provisions of this Act, the property shall be restored to the owner or the owner’s representative.
(2)In every case referred to in this section, the court before which such offender is convicted shall have power to award orders for restitution for the property or to order the restitution of the property in a summary manner; but—
(a)where goods as defined in the Sale of Goods and Supply of Services Act have been obtained by fraud or other wrongful means not amounting to stealing, the property in such goods shall not revest in the person who was the owner of the goods, or his or her personal representative, by reason only of the conviction of the offender; and
(b)nothing in this section shall apply to the case of any valuable security which has been in good faith paid or discharged by some person liable to the payment of it; or, being a negotiable instrument, has been in good faith taken or received by transfer or delivery by some person for a just and valuable consideration without any notice or without reasonable cause to suspect it has been stolen.
(3)On the restitution of any stolen property if it appears to the court by the evidence that the offender has sold the stolen property to any person, that such person has had no knowledge that the property was stolen, and that any money has been taken from the offender on his or her apprehension, the court may, on the application of the purchaser, order that out of that money a sum not exceeding the amount of the proceeds of the sale be delivered to the purchaser.
(4)The operation of any order under this section shall, unless the court before which the conviction takes place directs to the contrary in any case in which the title to the property is not in dispute, be suspended—
(a)in any case, until the time for appeal has elapsed; and
(b)in cases where an appeal is lodged, until the determination of the appeal,
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.
(5)Any person aggrieved by an order made under this section may appeal to the High Court, and upon the hearing of the appeal the court may by order annul or vary any order made on a trial for the restitution of any property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect, and if varied, shall take effect as so varied.
(6)The Chief Justice may make provision by rules for securing the safe custody of any property, pending the suspension of the operation of any order made under subsection (4).
If you are convicted or admit an offence involving stolen or wrongfully obtained property, a court must order that the property be restored to its own...
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