SCHEDULES

SCHEDULE 19Grounds for refusal to enforce financial penalties

Section 91(2)

Part 1The grounds for refusal

I11

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).

I22

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.

I33

1

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 the relevant part of the United Kingdom if it occurred in that part.

2

In sub-paragraph (1), “the relevant part of the United Kingdom” means—

a

in the application of this Schedule to England and Wales, England and Wales, and

b

in the application of this Schedule to Northern Ireland, Northern Ireland.

I44

1

The decision 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 the relevant part of the United Kingdom if it occurred outside that part.

2

In sub-paragraph (1), “the relevant part of the United Kingdom” has the same meaning as in paragraph 3(2).

I55

The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.

I66

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.

I77

1

The financial penalty is for an amount less than 70 euros.

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 the decision was made.

3

The Lord Chancellor may by order substitute a different amount for the amount for the time being specified in sub-paragraph (1).

F14

In the application of this Schedule to Northern Ireland, in sub-paragraph (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.

Part 2European framework list (financial penalties)

I88

Participation in a criminal organisation.

I99

Terrorism.

I1010

Trafficking in human beings.

I1111

Sexual exploitation of children and child pornography.

I1212

Illicit trafficking in narcotic drugs and psychotropic substances.

I1313

Illicit trafficking in weapons, munitions and explosives.

I1414

Corruption.

I1515

Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.

I1616

Laundering of the proceeds of crime.

I1717

Counterfeiting currency, including of the euro.

I1818

Computer-related crime.

I1919

Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

I2020

Facilitation of unauthorised entry and residence.

I2121

Murder, grievous bodily injury.

I2222

Illicit trade in human organs and tissue.

I2323

Kidnapping, illegal restraint and hostage-taking.

I2424

Racism and xenophobia.

I2525

Organised or armed robbery.

I2626

Illicit trafficking in cultural goods, including antiques and works of art.

I2727

Swindling.

I2828

Racketeering and extortion.

I2929

Counterfeiting and piracy of products.

I3030

Forgery of administrative documents and trafficking therein.

I3131

Forgery of means of payment.

I3232

Illicit trafficking in hormonal substances and other growth promoters.

I3333

Illicit trafficking in nuclear or radioactive materials.

I3434

Trafficking in stolen vehicles.

I3535

Rape.

I3636

Arson.

I3737

Crimes within the jurisdiction of the International Criminal Court.

I3838

Unlawful seizure of aircraft or ships.

I3939

Sabotage.

I4040

Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.

I4141

Smuggling of goods.

I4242

Infringement of intellectual property rights.

I4343

Threats and acts of violence against persons, including violence during sport events.

I4444

Criminal damage.

I4545

Theft.

I4646

Offences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under the treaty establishing the European Community or under Title VI of the Treaty on European Union.

Part 3Interpretation

I4747

1

In this Schedule—

a

conduct” includes any act or omission;

b

liable person” means the person required to pay the financial penalty to which the certificate relates.

2

If the decision was made in respect of conduct by a person other than the liable person, the references in paragraph 6 to the liable person are to be read as references to that other person.