Section 91 and Schedules 18 and 19: Recognition of financial penalties: general
567.Schedule 18 specifies when a financial penalty is suitable for enforcement in England and Wales or Northern Ireland. This is determined primarily by whether the certificate received by the Lord Chancellor states that the person concerned is normally resident in England and Wales or Northern Ireland. The Schedule also specifies when a certificate is suitable for enforcement in England and Wales or Northern Ireland where, although the person is not normally resident anywhere in the UK, he or she has property or a source of income in the UK.
568.The possible grounds for refusal against enforcement of a financial penalty are as set out in Schedule 19. These reflect the grounds for refusal adopted in Article 7 of the Council Framework Decision and address the following matters:
Double jeopardy where an offender has already been dealt with for the same conduct in the executing State or in a State other than the State issuing or executing the financial penalty;
The absence of dual criminality, unless the conduct concerned is specified in the list contained in Part 2 of Schedule 19. This is a list of conduct, reproduced from Article 5(1) of the Framework Decision, where it has been agreed that co-operation should not be subject to a dual criminality requirement. The list is similar to that used in the Framework Decision on the European Arrest Warrant (2002/584/JHA) and other mutual recognition instruments;
Territoriality, if the conduct took place outside the territory of the State which issued the certificate;
The age of criminal responsibility under the law of the executing State;
Where the offender was not present and did not have an adequate opportunity to defend himself or herself; or
Where the financial penalty falls below 70 Euros (some £50) (the threshold specified in the Framework Decision).
569.Under subsections (3) and (4), the Lord Chancellor may, by order (subject to the affirmative resolution procedure where primary legislation is amended or repealed, otherwise the negative resolution procedure applies), make further provision for the purpose of giving effect to the Council Framework Decision.
