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Section 12 Offence of breaching the prohibition or causing or facilitating a breachI1I2

United Kingdom

(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 F1the general limit in a magistrates’ court 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 F22 May 2022, the reference in subsection (4)(a) to F3the general limit in a magistrates’ court is to be read as a reference to six months.

Annotations

Textual amendments

F1

Words in s. 12(4)(a) 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. 12(5) 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. 12(5) 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

I1

S. 12 in force at 15.3.2022 for specified purposes by S.I. 2022/288, reg. 3(a) (with reg. 5)

I2

S. 12 in force at 6.6.2022 in so far as not already in force by S.I. 2022/288, reg. 3(a) (with reg. 5)