Ivory Bill (HC Bill 215)

Ivory BillPage 10

(b) to do anything else that would facilitate the boarding of that or any
other vessel or aircraft.

(4) A police or customs officer who has boarded a vessel or aircraft may, for the
purposes of disembarking from the vessel or aircraft, require that or any other
5vessel or aircraft—

(a) to stop, or

(b) to do anything else that would enable the officer to disembark from the
vessel or aircraft.

(5) A police or customs officer may require any person on board a vessel or aircraft
10to provide any help and facilities, with respect to matters under that person’s
control, that the officer considers would facilitate the exercise of a power
conferred by this section.

(6) The powers conferred by this section may be exercised in any place to which
the officer lawfully has access (whether or not it is a place to which the public
15has access).

(7) For provision conferring additional powers to enter and search vessels and
aircraft, see sections 17 and 18.

17 Powers to enter and search premises

(1) Subsection (2) applies to premises that an accredited civilian officer reasonably
20thinks may be used in connection with dealing in ivory.

In this subsection “ivory” includes—

(a) an item made of ivory;

(b) an item with ivory in it.

(2) An accredited civilian officer may enter premises to which this subsection
25applies, on giving reasonable notice, for the purpose of—

(a) promoting awareness and understanding of the provisions of this Act,
or

(b) assessing compliance with those provisions.

(3) An accredited civilian officer may search premises for relevant evidence if—

(a) 30the officer’s presence there is authorised by subsection (2) or is
otherwise lawful, and

(b) the officer has reasonable grounds to suspect that there is relevant
evidence on the premises.

(4) An accredited civilian officer who has reasonable grounds to suspect that there
35is relevant evidence on premises may, on giving reasonable notice—

(a) enter the premises, and

(b) search them for relevant evidence.

(5) Notice under subsection (2) or (4) must—

(a) be in writing,

(b) 40set out the purpose of the proposed entry, and

(c) explain the effect of section 27 (offences of obstruction).

(6) This section—

(a) does not authorise the entry into premises used wholly or mainly as a
dwelling;

Ivory BillPage 11

(b) authorises entry only at a reasonable time.

(7) In this Act—

  • “accredited civilian officer” means an officer of the Secretary of State who
    is authorised by the Secretary of State for the purposes of this Act;

  • 5“premises” includes any place and, in particular, includes—

    (a)

    a vehicle, vessel or aircraft;

    (b)

    a tent or moveable structure.

18 Warrants authorising entry and search of premises

(1) Where a justice is satisfied that the requirements in subsection (5) are met in
10relation to any premises, the justice may issue a warrant (a “search warrant”)
authorising a police or customs officer or an accredited civilian officer—

(a) to enter the premises;

(b) to search them for relevant evidence.

(2) A search warrant may be issued only on the application of—

(a) 15a police or customs officer or an accredited civilian officer, in England
and Wales or Northern Ireland;

(b) a police or customs officer, an accredited civilian officer or a procurator
fiscal, in Scotland.

(3) A police or customs officer or an accredited civilian officer may apply for a
20search warrant only if the officer is a senior officer or is authorised by a senior
officer to make the application.

In this subsection “senior officer” means—

(a) a constable of at least the rank of inspector;

(b) a designated customs official of at least the grade of senior officer;

(c) 25a designated NCA officer of grade 3 or above;

(d) an accredited civilian officer of grade 7 or above.

(4) A search warrant may be either—

(a) a warrant that relates only to premises specified in the warrant (a
“specific-premises warrant”), or

(b) 30in the case of a warrant issued in England and Wales or Northern
Ireland, a warrant that relates to any premises occupied or controlled
by a person specified in the warrant (an “all-premises warrant”).

(5) The requirements of this subsection are met in relation to premises if there are
reasonable grounds to suspect that—

(a) 35there are items on the premises that are relevant evidence, and

(b) in a case where the premises are specified in the application, any of the
conditions in subsection (6) is met.

(6) The conditions referred to in subsection (5)(b) are—

(a) that it is not practicable to communicate with any person entitled to
40grant entry to the premises;

(b) that it is not practicable to communicate with any person entitled to
grant access to the items;

(c) that entry to the premises is unlikely to be granted unless a warrant is
produced;

Ivory BillPage 12

(d) that the purpose of entry may be frustrated or seriously prejudiced
unless a police or customs officer or accredited civilian officer arriving
at the premises can secure immediate entry to them.

19 Further provision about search warrants

(1) 5An application for a search warrant must be supported—

(a) in England and Wales, by an information in writing;

(b) in Scotland, by evidence on oath;

(c) in Northern Ireland, by a complaint on oath.

(2) A person applying for a search warrant must answer on oath any question that
10the justice hearing the application asks the person.

In the case of an application made by a procurator fiscal, that requirement may
be met by a police or customs officer or an accredited civilian officer.

(3) A search warrant may be executed by any police or customs officer or
accredited civilian officer.

(4) 15A search warrant may authorise persons to accompany any police or customs
officer or accredited civilian officer who is executing it if the justice issuing the
warrant is satisfied that their presence is likely to be helpful to the search.

(5) A person authorised under subsection (4) to accompany a police or customs
officer or an accredited civilian officer may exercise any power conferred by
20sections 18 to 24 that the officer may exercise as a result of the warrant.

But the person may exercise such a power only in the company of, and under
the supervision of, a police or customs officer or accredited civilian officer.

(6) Unless giving notice would be likely to frustrate or seriously prejudice the
purpose of a search—

(a) 25reasonable efforts must be made to give notice of an application for a
search warrant to persons who might be affected by it;

(b) a search warrant does not authorise entry to premises unless 48 hours’
notice of the intended entry is given to the occupier or some other
appropriate person who is responsible for the premises.

(7) 30Schedule 2 contains further provision about—

(a) applications for search warrants made in England and Wales or
Northern Ireland;

(b) search warrants issued in England and Wales or Northern Ireland.

(8) An entry on or search of premises under a search warrant issued in England
35and Wales or Northern Ireland is unlawful if it does not comply with the
provisions of Part 3 of that Schedule (execution of search warrants).

20 Powers of examination etc

(1) This section applies where an officer is exercising a power of search conferred
by section 15, 16, 17 or 18 in relation to any premises.

(2) 40The officer may examine anything on the premises that the officer thinks is or
may be relevant evidence.

(3) The officer may carry out any measurement or test of anything that the officer
has power under this section to examine.

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(4) The power conferred by subsection (3) includes power to take a sample from
an item in a way that causes no damage to the item or the least damage
possible.

(5) The officer may break open any container or other locked thing if satisfied that
5it is necessary to do so for the purpose of—

(a) determining whether a relevant offence has been committed, or

(b) investigating a relevant offence.

(6) The officer may require any person on the premises to provide any help or
facilities, with respect to matters under the person’s control, that the officer
10considers would facilitate the exercise of—

(a) a power of search conferred on the officer by section 15, 16, 17 or 18, or

(b) a power conferred on the officer by this section.

(7) Nothing in this section confers any power to search a person.

21 Power to require production of documents etc

(1) 15This section applies where an officer is exercising a power of search conferred
by section 15, 16, 17 or 18 in relation to any premises.

(2) The officer may require any person on the premises to produce any document
or record in the person’s possession or control that the officer thinks is or
is likely to be relevant to—

(a) 20the question whether a relevant offence has been committed, or

(b) the investigation of a relevant offence.

(3) A reference in this section to the production of a document includes a reference
to the production of—

(a) a hard copy of information recorded otherwise than in hard copy form,
25or

(b) information in a form from which a hard copy can be readily obtained.

(4) For the purposes of this section—

(a) information is recorded in “hard copy form” if it is recorded in a paper
copy or similar form capable of being read (and references to “hard
30copy” have a corresponding meaning);

(b) information can be read only if—

(i) it can be read with the naked eye, or

(ii) to the extent that it consists of images (for example
photographs, pictures, maps, plans or drawings), it can be seen
35with the naked eye.

22 Powers of seizure etc

(1) A police or customs officer who is exercising the power of search conferred by
section 14 may seize and detain anything found in the course of the search.

(2) An officer who is exercising a power of search conferred by section 15, 16, 17
40or 18 in relation to any premises may—

(a) seize and detain or remove any item found on the premises;

(b) take copies of or extracts from any document or record found on the
premises.

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(3) An officer to whom a document or record has been produced in response to a
requirement imposed under section 21 may—

(a) seize and detain or remove that document or record;

(b) take copies of or extracts from that document or record.

5In this subsection “document” includes anything falling within paragraph (a)
or (b) of section 21(3).

(4) The powers under this section may be exercised only—

(a) for the purposes of determining whether a relevant offence has been
committed, or

(b) 10in relation to an item that the officer concerned reasonably believes to
be relevant evidence.

(5) Nothing in this section confers power on an officer to seize an item that is an
excluded item (see section 23).

23 Excluded items

(1) 15This section sets out what is meant by “excluded items” for the purposes of
section 22.

(2) In England and Wales “excluded items” means—

(a) items subject to legal privilege, within the meaning of the Police and
Criminal Evidence Act 1984 (see section 10 of that Act);

(b) 20excluded material within the meaning of that Act (see section 11 of that
Act);

(c) special procedure material within the meaning of that Act (see section
14 of that Act).

(3) In Scotland “excluded items” means items in respect of which a claim to
25confidentiality of communications could be maintained in legal proceedings.

(4) In Northern Ireland “excluded items” means—

(a) items subject to legal privilege within the meaning of the Police and
Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/
1341 (N.I. 12)) (see Article 12 of that Order);

(b) 30excluded material within the meaning of that Order (see Article 13 of
that Order);

(c) special procedure material within the meaning of that Order (see
Article 16 of that Order).

24 Further provision about seizure under section 22

(1) 35Where—

(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,

40any power to seize and remove the items conferred on the officer by section 22
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

Ivory BillPage 15

(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) 5while 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) 10where the officer is exercising a power of search conferred by sections
15 to 18 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.

25 Notices and records in relation to seized items

(1) 15This section applies where an officer, or a person accompanying an officer,
seizes an item under section 22.

(2) When the item is seized, the officer must make reasonable efforts to give a
written notice to each of the following persons—

(a) in the case of an item seized from a person, the person from whom the
20item was seized;

(b) in the case of an item seized from premises, any person who appears to
the officer to be the occupier of the premises or otherwise to be in
charge of the premises;

(c) if the officer thinks that the item may belong to any person not falling
25within paragraph (a) or (b), that other person.

A person falling within any of paragraphs (a) to (c) is referred to in this section
as an “affected person”.

(3) If—

(a) the item is seized from premises, and

(b) 30at the time of the seizure it is not reasonably practicable to give a notice
to an affected person,

the officer must leave a copy of the notice in a prominent place on the premises.

(4) The notice must—

(a) state what has been seized and the reason for its seizure;

(b) 35specify any offence that the officer suspects has been committed;

(c) explain the effect of sections 28, 29 and 31.

(5) The officer must make a record of what has been seized.

(6) If a person who appears to the officer concerned to be an affected person asks
for a copy of that record, the officer must provide a copy of it to that person
40within a reasonable time.

26 Powers of entry, search and seizure: supplementary provision

(1) An officer who is exercising, or is about to exercise, a power conferred by
section 14, 15, 16 or 17 must—

Ivory BillPage 16

(a) give his or her name, and

(b) if not a constable in uniform, produce documentary evidence that he or
she is authorised to exercise the power,

if asked to do so by a person entitled to make the request.

(2) 5The persons entitled to make the request are—

(a) in the case of a power exercisable in relation to an individual, that
individual;

(b) in the case of a power exercisable in relation to a vehicle, vessel or
aircraft, a person in charge of that vehicle, vessel or aircraft;

(c) 10in the case of a power exercisable in relation to premises, an occupier of
those premises who is on the premises.

(3) An officer need not comply with subsection (1) if it is not reasonably
practicable to do so.

(4) An officer may use reasonable force, if necessary, for the purpose of exercising
15a power conferred on the officer by sections 14 to 24.

(5) A person authorised under section 19(4) to accompany an officer may use
reasonable force, if necessary, for the purpose of exercising a power conferred
by sections 18 to 24.

(6) The powers conferred on an officer by any of sections 14 to 24 do not affect any
20powers exercisable by the officer apart from those sections.

27 Offences of obstruction etc

(1) A person commits an offence if, without reasonable excuse, the person
intentionally obstructs an officer in the performance of any of the officer’s
functions under sections 14 to 24.

(2) 25A person commits an offence if—

(a) the person fails without reasonable excuse to comply with a
requirement reasonably made, or a direction reasonably given, by an
officer in the exercise of a power conferred by sections 15 to 24, or

(b) the person prevents another person from complying with any such
30requirement or direction.

(3) A reference in this section to an officer includes a reference to a person
authorised under section 19(4) to accompany a police or customs officer or
accredited civilian officer.

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

(a) 35on summary conviction in England and Wales, to imprisonment for a
term not exceeding six months or a fine (or both);

(b) on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding six months or a fine not
exceeding level 5 on the standard scale (or both).

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Retention and disposal or return of items

28 Retention of seized items

(1) An item seized under section 22 may be retained for as long as is necessary in
all the circumstances and in particular—

(a) 5for use as evidence at a trial for a relevant offence, or

(b) for forensic examination or for investigation in connection with a
relevant offence.

(2) An item may be not be retained for either of the purposes mentioned in
subsection (1) if a photograph or a copy would be sufficient for that purpose.

29 10Forfeiture of seized items by court on application

(1) A police officer or an accredited civilian officer may apply to the appropriate
court for the forfeiture of an item retained under section 28.

(2) The item is to be retained while proceedings on such an application are in
progress.

(3) 15Where an application under this section is made in relation to an item, the court
may order the item to be forfeited if satisfied—

(a) that a relevant offence has been committed in respect of it, or

(b) that it was used in the commission of a relevant offence.

(4) If the court does not order the item to be forfeited, it must order the item to be
20returned to a person entitled to it.

(For provision enabling an application to be made for an order for the return of
the item, see section 31(1)(b).)

(5) Where an item is ordered to be forfeited under subsection (3), it may be
disposed of in whatever way is thought appropriate by—

(a) 25the officer who made the application,

(b) another police officer or accredited civilian officer acting on behalf of
the same person as that officer, or

(c) the Secretary of State.

(6) But the item may not be disposed of under subsection (5)

(a) 30before the end of the period within which an appeal under section 30
may be made against the order, or

(b) if such an appeal is made, before it is determined or otherwise dealt
with.

(7) Where an order for the return of an item is made under subsection (4), the item
35may nevertheless be retained—

(a) until the end of the period within which an appeal under section 30
may be made against the order, or

(b) if such an appeal is made, until the time when it is determined or
otherwise dealt with.

40But if it is decided before the end of the period mentioned in paragraph (a) that
there is to be no appeal, the item must be returned as soon as possible after that
decision is made.

(8) In this Act—

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  • “the appropriate court” means—

    (a)

    in relation to England and Wales, a magistrates’ court;

    (b)

    in relation to Scotland, the sheriff;

    (c)

    in relation to Northern Ireland, a court of summary jurisdiction;

  • 5“police officer” means—

    (a)

    a constable;

    (b)

    a designated NCA officer authorised by the Director General of
    the National Crime Agency (whether generally or specifically)
    to exercise the powers of a constable under this Act.

(9) 10The persons “entitled” to an item for the purposes of this section are—

(a) the person from whom it was seized;

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

30 Appeal against decision under section 29

(1) Where an order has been made under section 29, each of the following persons
15may appeal against the order—

(a) a party to the proceedings in which the order was made;

(b) any other person entitled to the item to which the order relates.

(2) Where—

(a) a police officer or an accredited civilian officer brings an appeal under
20this section, and

(b) no person entitled to the item in question was a party to the original
proceedings,

the officer must make reasonable efforts to give notice of the appeal to every
person who the officer thinks is or may be entitled to the item.

(3) 25An appeal under this section is to—

(a) the Crown Court, in England and Wales;

(b) the Sheriff Appeal Court, in Scotland;

(c) a county court, in Northern Ireland.

(4) An appeal under this section against an order must be made before the end of
30the period of 28 days starting with the date of the order.

(5) Subject to subsections (6) and (7), the court hearing the appeal may make any
order the court thinks appropriate.

(6) If an appeal against an order for the return of an item is allowed—

(a) the court must order the item to be forfeited, and

(b) 35subsections (5) and (6) of section 29 apply with the necessary
adaptations.

(7) If an appeal against an order forfeiting an item is allowed—

(a) the court must order the item to be returned to a person entitled to it,
and

(b) 40subsection (7) of section 29 applies with the necessary adaptations.

(8) The persons “entitled” to an item for the purposes of this section are—

(a) the person from whom it was seized;

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

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31 Return of item to person entitled to it, or disposal if return impracticable

(1) Where the retention of an item has been, but is no longer, authorised under this
Act—

(a) the item must (subject to section 29(3) and subsection (3) below) be
5returned to a person entitled to it;

(b) a person who claims to be entitled to the item may apply to the
appropriate court for an order that the item be returned to that person.

(2) Where—

(a) a court makes an order under this Act requiring an item to be returned
10to a particular person, and

(b) reasonable efforts have been made, without success, to find that person,
or it is for some other reason impracticable to return the item to that
person,

the order has effect as if it required the item to be returned to any person
15entitled to it.

(3) Where—

(a) an item is required by a provision of this Act, or an order made under
this Act, to be returned to a person entitled to it, and

(b) reasonable efforts have been made, without success, to find a person
20entitled to the item, or it is for some other reason impracticable to return
the item to a person entitled to it,

a police or customs officer, or the Secretary of State, may dispose of the item in
whatever way the officer or the Secretary of State thinks appropriate.

(4) The persons “entitled” to an item for the purposes of this section are—

(a) 25the person from whom it was seized;

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

32 Forfeiture by court following conviction

(1) This section applies where a person is convicted of—

(a) a relevant offence,

(b) 30an offence of attempting or conspiring to commit a relevant offence,

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or
assisting crime) in relation to a relevant offence,

(d) an offence of inciting a person to commit a relevant offence, or

(e) an offence of aiding, abetting, counselling or procuring the commission
35of a relevant offence.

(2) In this section “the court” means—

(a) the court by or before which the person is convicted of the offence,
except where paragraph (b) or (c) applies;

(b) if the person is committed to the Crown Court to be dealt with for the
40offence, the Crown Court;

(c) if the person is remitted to the High Court of Justiciary to be dealt with
for the offence, the High Court of Justiciary.

(3) The court may make an order for the forfeiture of—

(a) any ivory, or any item that is made of ivory or has ivory in it, in respect
45of which the offence was committed;

(b) any other item that was used in the commission of the offence.