§ RESTITUTION ORDERS
§ Mr. CarlisleI beg to move Amendment No. 9, in page 5, line 29, at end insert:
'but this subsection shall not apply where the order is made under section 28(1)(a) or (b) and the court so directs, being of the opinion that the title to the goods to be restored or, as the case may be, delivered or transferred under the order is not in dispute.Clause 6(5) provides that a restitution order made by a magistrates' court should be suspended automatically until the expiration of the period of time in which notice of appeal may be given or, when such notice has been given, until the determination of the appeal.It has been drawn to our attention and particularly urged upon us by the Justices Clerks Society that there are circumstances in which it would be right to waive that suspension where it is clear that the title to the goods is in no way in dispute and is in no way affected by the fact that an individual has given notice of appeal.
The purpose of the Amendment is to provide flexibility by allowing magistrates' courts to waive the suspension in appropriate cases, and there is an equivalent provision in relation to the Crown courts already in Section 30 of the Criminal Appeal Act, 1968. The effect of the Amendment is to give similar flexibility to the magistrates' courts.
§ Amendment agreed to.