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SCHEDULES

Section 223H(5)

[F1SCHEDULE 12SGROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES

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)

PART 1STHE GROUNDS FOR REFUSAL

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 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

5SThe 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

[F35A.SThe 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

[F46.SWhere 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

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

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 2SEUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)

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 [F5the 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

PART 3SINTERPRETATION

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