Section 8: Revesting and restitution of property

8. Revesting and restitution of property (1) (a) The operation of any writ or order for the restitution of any property to any person made on a conviction before the Supreme Court under section 183 or 184 of the Criminal Procedure Act shall (unless the Court [Issue 6] C56 – 4 Revised Laws of Mauritius before which the conviction takes place directs to the contrary in any case in which, in its opinion, the title to the property is not in dispute) be suspended— (i) in any case, until the expiration of 21 days after the date of the conviction; and (ii) in cases where notice of appeal is given within 21 days after the date of conviction, 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. (b) Provision may be made by Rules of Court for securing the safe custody of any property, pending the suspension of the operation of any such order. (2) The Court may by order annul or vary any order made on a trial before the Supreme Court 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. [S. 8 amended of Act 29 of 1992; Act 15 of 1994.]