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 a cquainted with his right to apply for an award or order in terms of this Part. 369 Evidence in connection with awards and orders For the purpose of determining— (a) the entitlement of an injured party to have an award or order made in his favour in terms of this Part; or (b) the liability of a convicted person to have an award or order made against him in terms of this Part; or (c) the amount of compensation payable in terms of this Part; a court may refer to the proceedings and evidence at the trial or receive further evidence whether documentary or verbal. 370 Court may require security de restituendo A court which makes an award or order in terms of this Part may require the injured party to give security for the repayment of the compensation or the return of the property, as the case may be, in case the award or order is reversed on appeal or review. 371 Liability under awards and orders to be joint and several Where a court makes an award or order in terms of this Part against two or more convicted persons, their liability under the award or order shall be joint and several, unless in any particular case the court orders otherwise. 372 Enforcement of awards and orders Where an award or order has been made in terms of this Part by a court with jurisdiction in civil cases, any interested party may lodge a copy of the award or order with the clerk or registrar of the court, who shall record it, and thereupon the award or order shall have the same effect as a civil judgment of the court given against the person who is named in the order as being liable to pay the compensation or restore the property, as the case may be. 373 Payment of award out of moneys taken from or held on behalf of convicted person Where— (a) moneys have been taken from a person upon his arrest or search in terms of any law; or (b) during the trial of a person, moneys have been produced by a witness who holds the moneys on behalf of that person; or (c) a court is satisfied that a person against whom criminal proceedings have been instituted holds moneys in an account kept with a bank, building society or similar institution; and, upon that person’s conviction of an offence, an award of compensation is made against him in terms of this Part, the court may order that the award shall be satisfied wholly or partly out of such moneys.

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