Criminal Procedure (Scotland) Act 1995

Section 223H(5)

[F1 SCHEDULE 12 S GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES

Textual Amendments

F1 Sch. 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)

PART 1 S THE GROUNDS FOR REFUSAL

1 S A 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).

2 S A 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.

3 S The 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.

4 S The decision F2 ... 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.

Textual Amendments

F2 Words in Sch. 12 paras. 4, 5 omitted (1.12.2014) by virtue of The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I. 2014/322), arts. 1, 8(a)

5 S The decision F2 ... 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.

Textual Amendments

F2 Words in Sch. 12 paras. 4, 5 omitted (1.12.2014) by virtue of The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I. 2014/322), arts. 1, 8(a)

[F3 5A. S The certificate—

(a) is incomplete (including by reason of not being signed, or its contents not being certified as accurate); or

(b) manifestly does not correspond to the decision.]

Textual Amendments

F3 Sch. 12 para. 5A inserted (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I. 2014/322), arts. 1, 8(b)

[F4 6. S Where the proceedings in which the decision was made were conducted in writing, the certificate does not confirm that 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.

Textual Amendments

F4 Sch. 12 paras. 6, 6A substituted for Sch. 12 para. 6 (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014 (S.S.I. 2014/336), arts. 1, 5

6A. (1) The certificate— S

(a) indicates that the decision is neither the result of—

(i) proceedings conducted in writing; nor

(ii) a trial at which the liable person appeared in person; and

(b) does not state that something which is described in paragraph (i) or (j) of Article 7(2) of the Framework Decision happened.

(2) In sub-paragraph (1), “the Framework Decision” means Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties as amended by Council Framework Decision 2009/299/JHA.]

Textual Amendments

F4 Sch. 12 paras. 6, 6A substituted for Sch. 12 para. 6 (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014 (S.S.I. 2014/336), arts. 1, 5

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.

PART 2 S EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)

8 S Participation in a criminal organisation.

9 S Terrorism.

10 S Trafficking in human beings.

11 S Sexual exploitation of children and child pornography.

12 S Illicit trafficking in narcotic drugs and psychotropic substances.

13 S Illicit trafficking in weapons, munitions and explosives.

14 S Corruption.

15 S Fraud, 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.

16 S Laundering of the proceeds of crime.

17 S Counterfeiting currency, including of the euro.

18 S Computer-related crime.

19 S Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

20 S Facilitation of unauthorised entry and residence.

21 S Murder, grievous bodily injury.

22 S Illicit trade in human organs and tissue.

23 S Kidnapping, illegal restraint and hostage-taking.

24 S Racism and xenophobia.

25 S Organised or armed robbery.

26 S Illicit trafficking in cultural goods, including antiques and works of art.

27 S Swindling.

28 S Racketeering and extortion.

29 S Counterfeiting and piracy of products.

30 S Forgery of administrative documents and trafficking therein.

31 S Forgery of means of payment.

32 S Illicit trafficking in hormonal substances and other growth promoters.

33 S Illicit trafficking in nuclear or radioactive materials.

34 S Trafficking in stolen vehicles.

35 S Rape.

36 S Arson.

37 S Crimes within the jurisdiction of the International Criminal Court.

38 S Unlawful seizure of aircraft or ships.

39 S Sabotage.

40 S Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.

41 S Smuggling of goods.

42 S Infringements of intellectual property rights.

43 S Threats and acts of violence against persons, including violence during sporting events.

44 S Criminal damage.

45 S Theft.

46 S Offences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under [F5 the 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

F5 Words 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))

PART 3 S INTERPRETATION

47 (1) In this Schedule— S

[F6 (za) “certificate” means the certificate referred to in section 223F(1)(a)(i);]

(a) “conduct” includes any act or omission;

[F7 (aa) “decision” means the decision to which the certificate relates;]

(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.]

Textual Amendments

F6 Sch. 12 para. 47(1)(za) inserted (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I. 2014/322), arts. 1, 8(c)(i)

F7 Sch. 12 para. 47(1)(aa) inserted (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I. 2014/322), arts. 1, 8(c)(ii)