Section 125

The following provisions shall have effect where a person has been convicted by court-martial of any offence, however described, involving the unlawful obtaining of property, whether by theft, criminal misappropriation, criminal breach of trust, dishonestly receiving or retaining stolen property, cheating or otherwise.

If any of the property unlawfully obtained has been found in the possession of the offender, it may be ordered to be delivered or paid to the person appearing to be the owner thereof.

If there has been found in the possession of the offender any property (other than money) appearing to have been obtained by him by the conversion or exchange of any of the property unlawfully obtained, the property may be ordered to be delivered to the person appearing to be the owner of the property unlawfully obtained.

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Where money is found in the possession of the offender, then whether  or  not    it appears to have been obtained as described in subsection (3), an order may be made that there shall be paid out of that money to the person appearing to be the owner of the property unlawfully obtained such sum as may be specified in the order as or towards compensation for the loss caused to that person by the offence, in so far as not otherwise made good under this Act or by the recovery of the property unlawfully obtained.

Where any of the property unlawfully has been sold or given in pawn to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property sold or given as aforesaid, there shall be paid to that other person, out of any money found in the possession of the offender

(whether or not the money appears to be proceeds of the sale or giving in pawn), such sum as may be specified in the order as or towards compensation for the loss caused to him in consequence of the sale or giving in pawn.

Where any property unlawfully obtained has been given in exchange to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property given as aforesaid, there shall be restored to that other person, the property taken in exchange for the property unlawfully obtained.

An order under this section may be made by court-martial by whom the offender is convicted, by the confirming officer, or by any reviewing authority.

The operation of any order under this section shall be suspended —

(Repealed by S 2/2006).

Notwithstanding anything in subsection (9), an order under this section shall not, so far as it relates to the delivery of property to the person appearing to be the owner thereof, be suspended if the court, officer or authority making the order directs to the contrary in any case in which, in the opinion of the court, officer or authority, the title to the property is not in dispute.

Where the operation of any order under this section is suspended under subsection (9) then, unless the property ordered to be restored or handed over or the money to which the order relates is in the custody of the

Registrar of the Court of Appeal, the court, officer or authority which made the order shall cause the property or money to be kept in safe custody for any period during which the operation of the order is suspended.

An order under this section shall not bar the right of any person, other than the offender or a person claiming through him, to recover any property delivered or paid in pursuance of such an order from the person to whom it is delivered or paid.

In this section —

“appearing” means appearing to the court, officer or authority making the order;

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“cheating” shall have the same meaning as in the Penal Code

(Chapter 22);

“criminal breach of trust” shall have the same meaning as in the

Penal Code (Chapter 22);

“criminal misappropriation” shall have the same meaning as in the Penal Code (Chapter 22);

“dishonestly receiving or retaining stolen property” shall have the same meaning as in the Penal Code (Chapter 22).

Appointment of Judge Advocate 126.

Without prejudice to the powers and duties of the Judge Advocate

General under this Act, the appointment of a Judge Advocate to act at any court-martial may, failing the making thereof by or on behalf of the Judge

Advocate General, be made by the convening officer.

Promulgation 127.

Any finding, sentence, determination or other thing required by this

Act to be promulgated shall be promulgated either by being communicated to the accused or in such other manner as may be specified by General

Orders or as the confirming officer or reviewing authority, as the case may be, may direct.

Custody of proceedings of courts-martial and right of accused to copy 128.

The record of the proceedings of a court-martial shall be kept in the custody of the Judge Advocate General for not less than the prescribed period, being a period sufficient to ensure that the rights conferred by subsections (2) and (3) shall be capable of being exercised.

Subject to the provisions of this section, any person tried by a court-martial shall be entitled to obtain from the Judge Advocate General on demand at any time within the relevant period without charge a copy of the record of the proceedings of the court.

Where a person tried by court-martial dies within the relevant period, his personal representatives or any person who in the opinion of the

Judge Advocate General ought to be treated for the purpose of this subsection as his personal representative shall, subject to the provisions of this section, be entitled to obtain from the Judge Advocate General on

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demand at any time within the period of 12 months from the death and without charge a copy of the record of the proceedings of the court.

If, on an application under either subsection (2) or (3) for a copy of the record of any proceedings, the Minister certifies that it is necessary for reasons of security that the proceedings or any part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or part to which the certificate relates.

In this section, “the relevant period” in relation to any person tried by court-martial, means the period of 5 years beginning with the date of his acquittal or, where he was convicted, of the promulgation of the findings and sentence or, where a finding of guilty was not confirmed, of the promulgation of the withholding of confirmation:

Provided that where the proceedings relate to two or more charges and the person tried was acquitted on one or more of the charges and convicted on another or others, the relevant period shall be the period of 5 years beginning with the date of the promulgation of the finding or findings of guilty and the sentence thereon or of the withholding of confirmation of that finding or those findings.

Any reference in this section to the record of the proceedings of a court-martial includes a reference to the record of the proceedings with respect to the confirmation or revision of the findings and sentence of the court-martial.