Valid from 15/03/2022

Criminal and civil sanctions U.K.

12 Offence of breaching the prohibition or causing or facilitating a breach U.K.

(1) It is an offence—

(a) to breach the prohibition,

(b) to cause the prohibition to be breached, or

(c) to facilitate a breach of the prohibition.

(2) A person commits an offence under this section in relation to an item only if the person knows or suspects, or ought to know or suspect, that the item is ivory, is made of ivory or (as the case may be) has ivory in it.

(3) It is a defence for a person charged with an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both);

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

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

(d) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

(5) In relation to an offence committed before [F1 paragraph 24(2) of Schedule 22 to the Sentencing Act 2020] comes into force, the reference in subsection (4)(a) to 12 months is to be read as a reference to six months.

Textual Amendments

F1 Words in s. 12(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 443(1) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

13 Civil sanctions U.K.

Schedule 1 (civil sanctions) has effect.