Criminal Procedure (Scotland) Act 1995

[F1 [F2 223FA Requests from other member States: procedure where no certificate S

(1) Subsection (2) applies where—

(a) a requesting authority has—

(i) given the central authority for Scotland a decision, or a certified copy of a decision, requiring payment of a financial penalty; and

(ii) asked that the decision be enforced in any part of the United Kingdom under the Framework Decision on financial penalties; and

(b) the central authority for Scotland has not been given anything purporting to be a certificate relating to the decision.

(2) The central authority for Scotland must immediately notify the requesting authority that the decision will not be enforced in Scotland unless a certificate relating to the decision is given to the central authority for Scotland.

(3) For the purpose of this section, a requesting authority is to be treated as having given a decision, or a certified copy of a decision, requiring payment of a financial penalty to the central authority for Scotland if—

(a) the requesting authority gave the decision, or the certified copy, to—

(i) the central authority for England and Wales; or

(ii) the central authority for Northern Ireland; and

(b) the central authority given the decision, or the certified copy, by the requesting authority—

(i) has not taken any action to enforce the financial penalty; and

(ii) has given the decision, or the certified copy, to the central authority for Scotland.

(4) In this section, “requesting authority” means the competent authority, or central authority, of a member State other than the United Kingdom.]]

Textual Amendments

F1 Ss. 223A-223T and cross-heading 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. 3 (with art. 2)

F2 S. 223FA inserted (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014 (S.S.I. 2014/322), arts. 1, 4