Section 223H(5)
Textual Amendments
F1Sch. 12 inserted (12.10.2009) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342), art. 8 (with art. 2)
1SA penalty (of any kind) has been imposed on the liable person in respect of the conduct to which the certificate relates under the law of any part of the United Kingdom (whether or not the penalty has been enforced).
2SA penalty (of any kind) has been imposed on the liable person in respect of that conduct under the law of any member State, other than the United Kingdom and the issuing State, and that penalty has been enforced.
3SThe decision was made in respect of conduct—
(a)that is not specified in Part 2 of this Schedule, and
(b)would not constitute an offence under the law of Scotland if it occurred there.
4SThe decision to which the financial penalty relates was made in respect of conduct—
(a)that occurred outside the territory of the issuing State, and
(b)would not constitute an offence under the law of Scotland if it occurred outwith Scotland.
5SThe decision to which the financial penalty relates was made in respect of conduct by a person who, at the time the conduct took place, was under the age of criminal responsibility under the law of Scotland.
6SThe certificate does not confirm that—
(a)if the proceedings in which the decision was made were conducted in writing, the liable person was informed of the right to contest the proceedings and of the time limits that applied to the exercise of that right;
(b)if those proceedings provided for a hearing to take place and the liable person did not attend, the liable person was informed of the proceedings or indicated an intention not to contest them.
7(1)The financial penalty is for an amount of less than 70 euros.S
(2)For the purposes of sub-paragraph (1), if the amount of a financial penalty is specified in a currency other than the euro, that amount must be converted to euros by reference to the London closing exchange rate on the date on which the decision was made.
8SParticipation in a criminal organisation.
9STerrorism.
10STrafficking in human beings.
11SSexual exploitation of children and child pornography.
12SIllicit trafficking in narcotic drugs and psychotropic substances.
13SIllicit trafficking in weapons, munitions and explosives.
14SCorruption.
15SFraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26th July 1995 on the protection of the European Communities' financial interests.
16SLaundering of the proceeds of crime.
17SCounterfeiting currency, including of the euro.
18SComputer-related crime.
19SEnvironmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
20SFacilitation of unauthorised entry and residence.
21SMurder, grievous bodily injury.
22SIllicit trade in human organs and tissue.
23SKidnapping, illegal restraint and hostage-taking.
24SRacism and xenophobia.
25SOrganised or armed robbery.
26SIllicit trafficking in cultural goods, including antiques and works of art.
27SSwindling.
28SRacketeering and extortion.
29SCounterfeiting and piracy of products.
30SForgery of administrative documents and trafficking therein.
31SForgery of means of payment.
32SIllicit trafficking in hormonal substances and other growth promoters.
33SIllicit trafficking in nuclear or radioactive materials.
34STrafficking in stolen vehicles.
35SRape.
36SArson.
37SCrimes within the jurisdiction of the International Criminal Court.
38SUnlawful seizure of aircraft or ships.
39SSabotage.
40SConduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.
41SSmuggling of goods.
42SInfringements of intellectual property rights.
43SThreats and acts of violence against persons, including violence during sporting events.
44SCriminal damage.
45STheft.
46SOffences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under [F2the EC Treaty or Title VI of the EU Treaty (as they had effect before 1 December 2009) or under the Treaty on the Functioning of the European Union] .
Textual Amendments
F2Words in Sch. 12 para. 46 substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
47(1)In this Schedule—S
(a)“conduct” includes any act or omission;
(b)“liable person” means the person required to pay the financial penalty to which the certificate relates.
(2)If the decision was made in respect of conduct by a person other than the liable person, the references in paragraphs 6 to the liable person are to be read as references to that other person.]