Criminal Justice and Immigration Act 2008

Person having property etc. in England and Wales, Scotland and Northern Ireland E+W+N.I.

8 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in Northern Ireland,

(b) the certificate also states that the person has property or a source of income in England and Wales and in Scotland, and

(c) the certificate does not state that the person is normally resident in the United Kingdom.

(2) [F1 If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the] financial penalty is suitable for enforcement in England and Wales unless—

(a) the penalty is suitable for enforcement in Northern Ireland by virtue of sub-paragraph (3) or (4), or

(b) sub-paragraph (5) applies.

(3) The financial penalty is suitable for enforcement in Northern Ireland if—

(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Northern Ireland than in England and Wales or Scotland.

(4) The financial penalty is suitable for enforcement in Northern Ireland if—

(a) the Lord Chancellor was given the certificate by the central authority for Scotland, and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Northern Ireland than in England and Wales.

(5) This sub-paragraph applies if—

(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales or Northern Ireland.

[F2 (6) If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless—

(a) it is suitable for enforcement in England and Wales by virtue of sub-paragraph (7) or (8), or

(b) sub-paragraph (9) applies.

(7) The financial penalty is suitable for enforcement in England and Wales if—

(a) the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland or Scotland.

(8) The financial penalty is suitable for enforcement in England and Wales if—

(a) the Department of Justice was given the certificate by the central authority for Scotland, and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland.

(9) This sub-paragraph applies if—

(a) the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland or England and Wales.]

Textual Amendments

F1 Words in Sch. 18 para. 8(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(5)(a) (with arts. 28-31)

F2 Sch. 18 para. 8(6)-(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(5)(b) (with arts. 28-31)

Commencement Information

I1 Sch. 18 para. 8 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)