Chris Monk
Well-known member
Monday 27 June 2005 10:15
Department for The Environment, Food And Rural Affairs (South West)
INCREASED PENALTIES FOR ENDANGERED WILDLIFE OFFENCES
People convicted of trading in endangered species, their parts and their derivatives will face up to five years in prison under new laws introduced today.
The new laws, which come into effect on 21 July, will bring with them stronger powers for police officers in fighting wildlife crime, including powers of arrest, entry, search and seizure.
Biodiversity Minister Jim Knight, announcing the new penalties at Bristol Zoo today, said:
"Species like the elephant, rhinoceros, tiger, many birds of prey, some varieties of orchid, and many other animals and plants are under threat from the illegal trade.
"The legislation I am introducing today will send a strong message to those people who are plundering the world's rarest wildlife, that their activities will not be tolerated.
"The five-year maximum penalty is needed by the Courts to ensure they can properly punish the very small number of people who are systematically exploiting our wildlife, in some cases for very significant financial gain.
"As well as being a significant penalty for those who break the law, the possibility of five years in prison will be an important deterrent to potential wildlife criminals."
A Statutory Instrument laid today amends the Control of Trade in Endangered Species (Enforcement) Regulations 1997, by increasing the penalties for illegally selling, buying, advertising and displaying for commercial purposes (and other related activities) species listed in Annex A of the EU Wildlife Trade Regulation.
The new penalties and police powers will apply in England, Wales, and Northern Ireland. Parallel provisions are being introduced in Scotland.
At present, Magistrates Courts can imprison people for up to three months; and Crown Courts - two years. These terms are being increased to six months and five years respectively.
Notes for Editors
1. The Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 re-enact regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (the COTES Regulations). They increase the penalties for offences under that regulation from three to six months imprisonment on summary conviction, and from two to five years on conviction on indictment.
2. The Amendment Regulations give effect to section 307 of the Criminal Justice Act 2003, which provides for new offences to be created attracting these increased penalties, notwithstanding the provisions of the European Communities Act 1972.
3. The COTES Regulations create the offences and penalties for breaches of the EU Wildlife Trade Regulation (EU Regulation 338/97), and sets out the powers available to the police to investigate such offences within the UK. The EU Regulation also implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) throughout the EU. Import and export controls are exercised by HM Revenue and Customs using the Customs and Excise Management Act 1979.
4. A draft Statutory Instrument to replace the current COTES Regulation was published for consultation on 4 January 2005. The consultation period expired on 5 April. A summary of the consultation responses will shortly be available on the Defra website, and copies will be available for viewing at the Defra Library, Ergon House, Horseferry Road, London, SW1P 2AL.; Tel: 0207 238 6712.
5. Consideration of the consultation responses is underway, and a replacement for COTES will be published later in the year. The SI launched today simply brings forward the increased penalties (and consequent arrest etc powers) provided for in the Criminal Justice Act.
All GNN press releases at http://www.gnn.gov.uk
Department for The Environment, Food And Rural Affairs (South West)
INCREASED PENALTIES FOR ENDANGERED WILDLIFE OFFENCES
People convicted of trading in endangered species, their parts and their derivatives will face up to five years in prison under new laws introduced today.
The new laws, which come into effect on 21 July, will bring with them stronger powers for police officers in fighting wildlife crime, including powers of arrest, entry, search and seizure.
Biodiversity Minister Jim Knight, announcing the new penalties at Bristol Zoo today, said:
"Species like the elephant, rhinoceros, tiger, many birds of prey, some varieties of orchid, and many other animals and plants are under threat from the illegal trade.
"The legislation I am introducing today will send a strong message to those people who are plundering the world's rarest wildlife, that their activities will not be tolerated.
"The five-year maximum penalty is needed by the Courts to ensure they can properly punish the very small number of people who are systematically exploiting our wildlife, in some cases for very significant financial gain.
"As well as being a significant penalty for those who break the law, the possibility of five years in prison will be an important deterrent to potential wildlife criminals."
A Statutory Instrument laid today amends the Control of Trade in Endangered Species (Enforcement) Regulations 1997, by increasing the penalties for illegally selling, buying, advertising and displaying for commercial purposes (and other related activities) species listed in Annex A of the EU Wildlife Trade Regulation.
The new penalties and police powers will apply in England, Wales, and Northern Ireland. Parallel provisions are being introduced in Scotland.
At present, Magistrates Courts can imprison people for up to three months; and Crown Courts - two years. These terms are being increased to six months and five years respectively.
Notes for Editors
1. The Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 re-enact regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (the COTES Regulations). They increase the penalties for offences under that regulation from three to six months imprisonment on summary conviction, and from two to five years on conviction on indictment.
2. The Amendment Regulations give effect to section 307 of the Criminal Justice Act 2003, which provides for new offences to be created attracting these increased penalties, notwithstanding the provisions of the European Communities Act 1972.
3. The COTES Regulations create the offences and penalties for breaches of the EU Wildlife Trade Regulation (EU Regulation 338/97), and sets out the powers available to the police to investigate such offences within the UK. The EU Regulation also implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) throughout the EU. Import and export controls are exercised by HM Revenue and Customs using the Customs and Excise Management Act 1979.
4. A draft Statutory Instrument to replace the current COTES Regulation was published for consultation on 4 January 2005. The consultation period expired on 5 April. A summary of the consultation responses will shortly be available on the Defra website, and copies will be available for viewing at the Defra Library, Ergon House, Horseferry Road, London, SW1P 2AL.; Tel: 0207 238 6712.
5. Consideration of the consultation responses is underway, and a replacement for COTES will be published later in the year. The SI launched today simply brings forward the increased penalties (and consequent arrest etc powers) provided for in the Criminal Justice Act.
All GNN press releases at http://www.gnn.gov.uk
