Section 149
Restitution or compensation for theft, etc.
The following provisions shall have effect where a person has been convicted by court-martial of unlawfully obtaining any property, whether by stealing it, receiving it or retaining it knowing or having reason to believe it to have been stolen, fraudulently misapplying it or otherwise.
(2)
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.
(3)
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.
(4)
Where money is found in the possession of the offender, then whether or not it appears to have been obtained as aforesaid an order may be made that there shall be paid out of the money to the person appearing to be the owner of the property unlawfully obtained such sums as may be specified in the order as or towards compensation for the loss caused to the said person by the offence, in so far as not otherwise made good under this Act or by the recovery of the property unlawfully obtained.
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(5)
Where any of the property unlawfully obtained 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 restitution to the owner thereof of the property sold or given in pawn as aforesaid, there shall be paid to the said other person, out of any money found in the possession of the offender (whether or not the money appears to be the proceeds of the sale or giving in pawn) such sums 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.
(6)
Where any of the 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 restitution to the owner thereof of the property given as aforesaid, there shall be restored to the said other person the property taken in exchange for the property unlawfully obtained.
(7)
An order under this section may be made by the court-martial by whom the offender is convicted, by the confirming officer, or by any reviewing authority; and in this section the expression “appearing”
means appearing to the court, officer or authority making the order.
(8)
An order made under this section by a court-martial shall not have effect until confirmed by the confirming officer; and the provisions of this Part as to the confirmation and review of the proceedings of courts-martial shall apply to an order under this section as they apply to a sentence.
(9)
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.