Criminal Procedure (Scotland) Act 1995 (c. 46)

SCHEDULES

[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.]