CRIMINAL PROCEDURE AND EVIDENCE ACT 365 Restitution of unlawfully obtained property (1) Subject to this Part, a court which has convicted a person of an offence involving the unlawful obtaining of property of any description may order the property to be restored to its owner or the person entitled to possess it. (2) For the purposes of subsection (1), where the property referred to in that subsection consists of— (a) money, the court may order that an equivalent amount be paid to the injured party from moneys— (i) taken from the convicted person on his arrest or search in terms of any law; or (ii) held in any account kept by the convicted person with a bank, building society or similar institution; or (iii) otherwise in the possession or under the control of the convicted person; (b) fungibles other than money, the court may order that an equivalent amount or quantity be handed over to the injured party from similar fungibles in the possession or under the control of the convicted person. 366 Cases where award or order not to be made (1) A court shall not award compensation in terms of section three hundred and sixty-two, three hundred and sixty-three or three hundred and sixty-four— (a) in respect of any loss or diminution of a right or personal injury where such loss, diminution or injury results from an accident arising out of the presence of a vehicle on a road, unless in the case of loss or diminution of a right it arises from damage that is treated by paragraph (b) of subsection (2) of section three hundred and sixty-two as resulting from theft; (b) in respect of any loss or diminution of a right or personal injury— (i) where the amount of compensation due to the injured party is not readily quantifiable; or (ii) where the full extent of the convicted person’s liability to pay the compensation is not readily ascertainable; or (iii) unless the court is satisfied that the convicted person will suffer no prejudice as a result of the claim for compensation or restitution, as the case may be, being dealt with in terms of this Part. (2) A court shall not order the restitution of any property in terms of section three hundred and sixty-five if it appears to the court that another person, who had no knowledge that the property had been unlawfully obtained, has acquired a right or interest in the property which might be prejudiced if the property were restored to its owner or to the person entitled to possess it. 367 Maximum amount of award or order Notwithstanding any enactment limiting the civil jurisdiction of the court concerned, any court, including the court of a regional magistrate, may— (a) award compensation in terms of section three hundred and sixty-two, three hundred and sixty-three or three hundred and sixty-four in any amount; or (b) make an order in terms of section three hundred and sixty-five for the restitution of property, whatever the value of the property concerned. 368 Application for award or order (1) A court shall not make an award or order in terms of this Part unless the injured party or the prosecutor acting on the instructions of the injured party applies for such an award or order. (2) A court shall ensure, where appropriate and practicable, that any injured party is acquainted with his right to apply for an award or order in terms of this Part. 141