Part 4 U.K.Property exported from occupied territory

Dealing in unlawfully exported cultural property U.K.

17 Offence of dealing in unlawfully exported cultural property U.K.

(1) It is an offence for a person to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.

(2) Subsection (1) does not apply to property imported into the United Kingdom before this section comes into force.

(3) A person deals in unlawfully exported cultural property if (and only if) the person—

(a) acquires or disposes of it in the United Kingdom or imports it into, or exports it from, the United Kingdom,

(b) agrees with another to do an act mentioned in paragraph (a), or

(c) makes arrangements under which another does such an act or under which another agrees with a third person to do such an act.

(4) “Acquires” means buys, hires, borrows or accepts.

(5) “Disposes of” means sells, lets on hire, lends or gives.

(6) A person guilty of an offence under this section in England and Wales is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding [F1 the general limit in a magistrates’ court] or a fine (or both).

(7) A person guilty of an offence under this section in Scotland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

(8) A person guilty of an offence under this section in Northern Ireland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(9) In relation to an offence committed before [F2 2 May 2022] the reference in subsection (6)(b) to [F3 the general limit in a magistrates’ court] has effect as a reference to 6 months.

Textual Amendments

F1 Words in s. 17(6)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F2 Words in s. 17(9) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F3 Words in s. 17(9) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

Commencement Information

I1 S. 17 in force at 12.12.2017 by S.I. 2017/1087, reg. 2

18 Forfeiture in connection with dealing offence U.K.

(1) The court by or before which a person is convicted of an offence under section 17 may order the forfeiture of the property in respect of which the offence was committed.

(2) The court may also make such provision as appears to it to be necessary for giving effect to the forfeiture.

(3) That provision may include, in particular, provision relating to the retention or disposal of the property.

(4) Provision made under this section may be varied at any time by the court that made it.

Commencement Information

I2 S. 18 in force at 12.12.2017 by S.I. 2017/1087, reg. 2