Ivory Act 2018

25 Further provision about seizure under section 21 or 23

(1) Where—

(a) any items that an officer wishes to seize and remove are in a container, and

(b) the officer reasonably considers that it would facilitate the seizure and removal of the items if they remained in the container for that purpose,

any power to seize and remove the items conferred on the officer by section 21 or 23 includes power to seize and remove the container.

(2) If a container is seized under this section, reasonable efforts must be made to return it to—

(a) the person from whom it was seized, or

(b) (if different) a person to whom it belongs.

(3) Subsection (2) does not apply—

(a) if the container appears to be of negligible value,

(b) if it is not practicable for the container to be returned, or

(c) while the container is or may be needed for use as evidence at a trial for an offence.

(4) If, in the opinion of the officer concerned, it is not for the time being practicable for the officer to seize and remove any item, the officer may require—

(a) the person from whom the item is to be seized, or

(b) where the officer is exercising a power of search conferred by sections 15 to 17 in relation to any premises, any person on the premises,

to secure that the item is not removed or otherwise interfered with until the officer is able to seize and remove it.