Criminal Procedure (Scotland) Act 1995

[F1223HRequests from other member States: procedure on receipt of certificateS

(1)This section applies where the central authority for Scotland gives the designated officer of the competent authority for Scotland—

(a)a certificate, as mentioned in section 223F, requesting enforcement under the Framework Decision on financial penalties;

(b)the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates; and

(c)a notice under section 223F(4).

(2)The designated officer of the competent authority for Scotland must refer the matter to the competent authority for Scotland mentioned in section 223Q(2).

(3)The competent authority for Scotland must decide whether it is satisfied that any of the grounds for refusal, as mentioned in Schedule 12, apply.

(4)The designated officer of the competent authority for Scotland must inform the central authority for Scotland of the decision.

(5)Schedule 12 to this Act, which specifies the grounds for refusal to enforce financial penalties for the purposes of subsection (3) and section 223F(4), has effect.]

Textual Amendments

F1Ss. 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)