Retention and disposal or return of items Section 33: Forfeiture by court following conviction
This section provides that where a person has been convicted of relevant offence under the Act (as defined in section 14(4)) or of a relevant offence related to the illegal trade in ivory items under another Act (for example, the Serious Crime Act 2007), the sentencing court may make a forfeiture order in respect of any item relating to the offence or in respect of other items that were used in the commission of the offence (subsections (3)). For example, in relation to any item that has been used in the commission of a serious offence, the court may order forfeiture of non-exempt ivory that were clearly not for personal use e.g. multiple mass-produced items that was intended for export. The convicted person and any other person who claims ownership of the items are entitled to make representations to the court (subsection (4)), and a forfeiture order does not take effect until the time for lodging an appeal has lapsed or until the outcome of any appeal (subsection (5)). Subsections (6) to (8) enable the court to make supplementary provision to give effect to a forfeiture order.