Crime and punishment in the wildlife trade - WWF UK

Annex 2: The UK legal framework
(A) COTES OFFENCES AND PENALTIES
The COTES regulations provide for the enforcement of the EC Regulations that apply to the
trade in endangered species. These in turn not only implement CITES in EC member states, but
also offer stronger provisions. COTES provides for a range of criminal offences relating to the
requirements of the EC Regulations.
COTES offences relate to:
• the making of false statements or the furnishing of false information in order to obtain
a permit or certificate (Regulation 3);
• knowingly misusing permits or certificates;
• the contravention of any condition or requirement of a permit or certificate (Regulation 6);
• the movement or housing of an Annex A specimen covered by a certificate without prior
authorisation (Regulation 7); and
• the purchase, sale or advertising of specimens in Annex A, or specimens listed in Annex B,
that have been imported or acquired unlawfully (Regulation 8).
With the exception of knowingly misusing permits or certificates, offences under COTES do not
require proof of any criminal intent on the part of the offender. In theory, this makes COTES
offences simpler to prosecute, but could be at least part of the reason why sentences are so low.
Additionally, provision is made for the seizure 99 by a police officer of items relating to the
offence and the forfeiture 100 of the specimen and items used to commit the offence. A further
requirement 101 enables HM C&E to detain a specimen by virtue of powers under CEMA until
an importer or exporter of (or person possessing or having control of) a specimen can prove that
the specimen’s import or export was not or is not unlawful by virtue of the EC implementing
regulation. If this proof cannot be provided, the specimen will be liable to forfeiture under
CEMA 102 .
The penalties under COTES are the same for all offences, in that they provide for the possibility
of either a summary (magistrates court) or indictable (Crown Court) trial. Respectively, the
penalties are a term of imprisonment for up to three months and/or a £5,000 fine; and
a maximum term of two years imprisonment and/or the imposition of an unlimited fine.
(B) CEMA 1979 OFFENCES AND PENALTIES
The Customs and Excise Management Act 1979 (CEMA) sets out offences relating to the
import and export of goods. Where imports or exports are subject to restriction, the Act provides
for offences that may be committed if such restrictions are not complied with. Additionally, the
99 Regulation 10.
100 Regulation 12. (by order of the court if the defendant is found guilty)
101 Regulation.5. (see also note 4 below)
102
s.139 CEMA by either a police officer or customs officer. A person has three months within which to challenge such a
seizure, and if this is done must prove, on a balance of probabilities, that the item was not subject to be forfeited under
CEMA provisions.
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