AWUAH v. COMMISSIONER OF POLICE

JUDGMENT OF COURT

In its judgment read by van Lare J.S.C. the Supreme Court held that the power of ordering recovery of property or its value is now regulated by section 147 of the Criminal Procedure Code, 1960 (Act 30), where the court can be competent to do so only on the application of the victim, and even then there is no longer power to order the seizure of the convicted person's property and sale simpliciter. The new enactment requires the [p.65] court to "make a decree for the return by the offender to the victim, of the property not recovered and for payment, in default, of the value of any property not returned." One would therefore expect the decree to state the amount in respect of which execution may be levied and there is provision for enforcement of such a decree as if it were one in an action between the victim of the offence as plaintiff and the offender as defendant.

Trial courts are therefore warned not to direct seizure and sale of property of convicted persons simpliciter on their own motions, but to proceed only under the new enactment, i.e. section 147 which is as follows:

"(1) Where sentence is imposed for an offence involving stealing or dishonesty or both and any property including money is not recovered, the Court, on sentencing the offender, may on the application of the victim of the offence make a decree for the return by the offender to the victim, of the property not recovered and for payment, in default, of the value of any property not returned.

(2) A decree under this section shall be deemed to be an exercise of the civil jurisdiction of the Court in an action between the victim of the offence as plaintiff and the offender as defendant and shall be enforceable in the same manner and be subject to the like appeal as are decrees for return of chattels and for money.

(3) In case of dispute as to the value of the property the issue shall be tried by the Court in the same manner as in a civil action.

(4) The Court shall have jurisdiction under this section notwithstanding that the value of the property involved exceeds the limits of the civil jurisdiction of the Court.

(5) A decree under this section may be enforced either during the term of the sentence imposed, or at any time within ten years after the expiry thereof."

It is important to remember that there should be application by the victim and it would be necessary to settle or state specifically what property shall be returned or in default the stated value ther