The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014 (revoked) No. 336

Scottish Statutory Instruments

2014 No. 336

Criminal Procedure

The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014 (revoked)F1

Made

1st December 2014

Laid before the Scottish Parliament

1st December 2014

Coming into force

1st December 2014

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Order revoked (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 5(d)

F1 EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the implementation in Scotland of amendments to the Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.03.2005, p.16). The amendments were effected by Council Framework Decision 2009/299/JHA of 26th February 2009 (OJ L 81, 27.03.2009, p.24).

Council Framework Decision 2009/299/JHA amends the grounds on which recognition of a decision imposing a financial penalty may be refused because the decision was not the result of a trial at which the person subject to the penalty appeared in person.

Article 5 makes corresponding amendments to the grounds for non-recognition specified in Schedule 12 to the Criminal Procedure (Scotland) Act 1995.