Ivory Act 2018

30 Forfeiture 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 29.

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

(3) Where 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 returned 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 32(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) the 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) before the end of the period within which an appeal under section 31 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 may nevertheless be retained—

(a) until the end of the period within which an appeal under section 31 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.

But 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—

• “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;

• “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) 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.