[2001.]
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[No. 50.]
is liable to be dealt with, tried and punished as if he or she had not Pt.8 S.54
been or was not a member of the partnership or one of such beneficial owners.
(4) If on the trial of a person for stealing any property it appears
that the property alleged to have been stolen at one time was taken
at different times, the separate takings may, unless the trial judge
directs otherwise, be tried together, to a number not exceeding 3,
provided that not more than 6 months elapsed between the first and
the last of the takings.
(5) Charges of stealing, handling or possessing any property or
any part thereof may be included in separate counts of the same
indictment and such counts may be tried together.
(6) Any person or persons charged in separate counts of the same
indictment with stealing any property or any part thereof may be
severally found guilty of stealing, handling or possessing the property
or any part thereof.
(7) On the trial of two or more persons indicted for jointly handling or possessing any stolen property the court or jury, as the case
may be, may find any of the accused guilty if satisfied that he or she
handled or possessed all or any part of such property, whether or
not he or she did so jointly with the other accused or any of them.
55.—(1) If, on the trial of a person for theft or for unlawfully
obtaining property otherwise, it is proved that the person handled or
possessed the property in such circumstances as to constitute an
offence under section 17 or 18, he or she may be convicted of that
offence.
Alternative verdicts.
(2) If, on the trial of a person for an offence under section 17 or
18 of handling or possessing stolen or otherwise unlawfully obtained
property, it is proved that the person stole or otherwise unlawfully
obtained the property, he or she may be convicted of the theft of
the property or of the offence consisting of unlawfully obtaining the
property.
56.—(1) Where property has been stolen and either—
(a) a person is convicted of an offence with reference to the
theft (whether or not the stealing is the essential ingredient of the offence), or
(b) a person is convicted of any other offence but the first-mentioned offence is taken into consideration in determining
his or her sentence,
the court by or before which the person is convicted may on the
conviction (whether or not the passing of sentence is in other
respects deferred)—
(i) order anyone having possession or control of the property
to restore it to any person entitled to recover it from the
convicted person,
(ii) on the application of a person entitled to recover from the
convicted person any other property directly or indirectly
representing the first-mentioned property (as being the
proceeds of any disposal or realisation of the whole or
41
Orders for
restitution.