Criminal Procedure (Scotland) Act 1995 (c. 46)

SCHEDULES

Valid from 12/10/2009

[F1 SCHEDULE 12 S GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES

Textual Amendments

F1 Sch. 12 inserted (12.10.2009) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342), art. 8 (with art. 2)

PART 1 S THE GROUNDS FOR REFUSAL

1 S 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).

2 S 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.

3 S The decision was made in respect of conduct—

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

(b) would not constitute an offence under the law of Scotland if it occurred there.

4 S The decision to which the financial penalty relates was made in respect of conduct—

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

(b) would not constitute an offence under the law of Scotland if it occurred outwith Scotland.

5 S The decision to which the financial penalty relates was made in respect of conduct by a person who, at the time the conduct took place, was under the age of criminal responsibility under the law of Scotland.

6 S The certificate does not confirm that—

(a) if the proceedings in which the decision was made were conducted in writing, the liable person was informed of the right to contest the proceedings and of the time limits that applied to the exercise of that right;

(b) if those proceedings provided for a hearing to take place and the liable person did not attend, the liable person was informed of the proceedings or indicated an intention not to contest them.

7 (1) The financial penalty is for an amount of less than 70 euros. S

(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 on which the decision was made.]