Criminal Procedure (Scotland) Act 1995

[F1 223R Accrual of monies obtained from the enforcement of financial penalties S

(1) Subject to subsection (4), where a certificate requesting enforcement under the Framework Decision on financial penalties has been—

(a) issued under sections 223A or 226HA(4) of this Act, subsection (2) shall apply; or

(b) received under section 223F of this Act, subsection (3) shall apply.

(2) Where this subsection applies the sum in respect of which the financial penalty relates shall be paid and treated as if that penalty were a penalty imposed in the member State other than the United Kingdom to which the certificate was issued.

(3) Where this subsection applies the sum in respect of which the financial penalty relates shall be paid and treated as if that penalty had been imposed or pronounced on the liable person or otherwise adjudged to be paid by that person under this Act.

(4) This section shall not apply where—

(a) an agreement has been made between the United Kingdom and the member State other than the United Kingdom in respect of the treatment of the financial penalty, and that agreement provides for payment otherwise than as provided for in subsection (2) or (3); or

(b) the financial penalty is one in respect of which section 223S applies.]

Textual Amendments

F1 Ss. 223A-223T and cross-heading 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. 3 (with art. 2)