Article 33 ForfeitureI1

United Kingdom

(1)

The court by which any person is convicted of an offence under this Order—

(a)

must order the forfeiture of a specimen or other thing in respect of which the offence was committed; and

(b)

may order the forfeiture of any vehicle, equipment or other thing which was used to commit the offence.

(2)

In paragraph (1)(b), “vehicle” includes aircraft, hovercraft and boats.

(3)

A specimen forfeited under this article must be—

(i)

humanely dispatched (in the case of animals) or destroyed (in the case of plants, fungi or micro-organisms); or

(ii)

transferred to an establishment or facility authorised to keep it by a F1relevant permit or relevant licence (as the case may be).

Annotations

F1: Words in art. 33(3)(ii) substituted (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 9(3)