Criminal Justice and Immigration Act 2008

87 Requests from other member States: Northern Ireland N.I.

(1) This section applies where—

(a) the competent authority or central authority of a member State other than the United Kingdom gives the [F1 Department of Justice]—

[F2 (i) a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii) a certificate requesting enforcement under the Framework Decision on financial penalties, and]

(b) the financial penalty is suitable for enforcement in Northern Ireland (see section 91(1)).

(2) If the certificate states that the person required to pay the financial penalty is normally resident in Northern Ireland, the [F3 Department of Justice] must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions for the petty sessions district in which it appears that the person is normally resident.

(3) Otherwise, the [F4 Department of Justice] must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions for such petty sessions district as appears appropriate.

(4) Where the [F5 Department of Justice] acts under subsection (2) or (3), the [F5 Department of Justice] must also give the clerk of petty sessions a notice—

(a) stating whether the [F5 Department of Justice] thinks that any of the grounds for refusal apply (see section 91(2)), and

(b) giving reasons for that opinion.

(5) Where the person required to pay the financial penalty is a body corporate, subsection (2) applies as if the reference to the petty sessions district in which it appears that the person is normally resident were a reference to the petty sessions district in which it appears that the person has its registered office.

(6) Where—

(a) the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and

(b) without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the [F6 Department of Justice],

this section applies as if the competent authority or central authority of the other member State gave the documents to the [F6 Department of Justice].

[F7 (7) Where the documents mentioned in subsection (1)(a) are given to the Department of Justice by the Lord Chancellor under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Department of Justice.]

Textual Amendments

F1 Words in s. 87(1) 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. 87(a) (with arts. 28-31)

F2 S. 87(1)(a)(i)(ii) 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. 7

F3 Words in s. 87(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. 87(a) (with arts. 28-31)

F4 Words in s. 87(3) 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. 87(a) (with arts. 28-31)

F5 Words in s. 87(4) 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. 87(a) (with arts. 28-31)

F6 Words in s. 87(6) 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. 87(a) (with arts. 28-31)

F7 S. 87(7) 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. 87(b) (with arts. 28-31)

Commencement Information

I1 S. 87 in force at 1.10.2009 by S.I. 2009/2606, art. 2(h)