Criminal Justice and Immigration Act 2008

Part 1 E+W+N.I. The grounds for refusal

[F1 A1. E+W+N.I. The certificate is incomplete or obviously does not correspond to the decision.]

Textual Amendments

F1 Sch. 19 para. A1 inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(2)

1 E+W+N.I. 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).

Commencement Information

I1 Sch. 19 para. 1 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

2 E+W+N.I. 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.

Commencement Information

I2 Sch. 19 para. 2 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F2 2A. E+W+N.I. Enforcement of the financial penalty is statute-barred under the law of the relevant part of the United Kingdom and the decision was made in respect of conduct that, under the law of that part of the United Kingdom, falls within its jurisdiction.]

Textual Amendments

F2 Sch. 19 para. 2A inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(3)

3 (1) The decision was made in respect of conduct— E+W+N.I.

(a) that is not specified in Part 2 of this Schedule, and

(b) would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 19 para. 3(2) omitted (3.12.2014) by virtue of The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(4)

Commencement Information

I3 Sch. 19 para. 3 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F4 3A. E+W+N.I. The decision was made in respect of conduct—

(a) that occurred in the relevant part of the United Kingdom, and

(b) does not constitute an offence under the law of that part of the United Kingdom.]

Textual Amendments

F4 Sch. 19 para. 3A inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(5)

4 (1) The decision was made in respect of conduct— E+W+N.I.

(a) that occurred outside the territory of the issuing State, and

(b) would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred outside that part.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 19 para. 4(2) omitted (3.12.2014) by virtue of The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(6)

Commencement Information

I4 Sch. 19 para. 4 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

5 E+W+N.I. The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.

Commencement Information

I5 Sch. 19 para. 5 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F6 5A. E+W+N.I. It appears that the decision was in fact made for the purpose of punishing the liable person on account of the liable person’s race, ethnic origin, religion, nationality, language, gender, sexual orientation or political opinions.]

Textual Amendments

F6 Sch. 19 para. 5A inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(7)

[F7 6 (1) The certificate indicates that the proceedings in which the decision was made were conducted in writing but does not confirm that the liable person was informed of— E+W+N.I.

(a) the right to contest the proceedings, and

(b) the time limits that applied to the exercise of that right.

(2) The certificate indicates that the proceedings in which the decision was made provided for a hearing to take place and that the liable person did not attend but does not contain the statement described in—

(a) Article 7(2)(i)(i) (liable person summoned in person or by other means actually notified of scheduled date and place of hearing and informed that decision may be made in his or her absence),

(b) Article 7(2)(i)(ii) (liable person’s defence conducted at hearing by authorised legal representative),

(c) Article 7(2)(i)(iii) (liable person indicated intention not to contest decision or did not exercise right to further hearing or appeal within time limit), or

(d) Article 7(2)(j) (liable person expressly waived right to attend and indicated intention not to contest proceedings).

(3) In this paragraph references to Articles are to Articles of the Framework Decision on financial penalties.]

Textual Amendments

F7 Sch. 19 para. 6 substituted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(8)

Commencement Information

I6 Sch. 19 para. 6 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

7 (1) The financial penalty is for an amount less than 70 euros. E+W+N.I.

(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 the decision was made.

(3) The Lord Chancellor may by order substitute a different amount for the amount for the time being specified in sub-paragraph (1).

[F8 (4) In the application of this Schedule to Northern Ireland, in sub-paragraph (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.]

Textual Amendments

F8 Sch. 19 para. 7(4) 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. 96 (with arts. 28-31)

Commencement Information

I7 Sch. 19 para. 7 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)