SCHEDULES
SCHEDULE 19Grounds for refusal to enforce financial penalties
Part 1The grounds for refusal
F4A1
The certificate is incomplete or obviously does not correspond to the decision.
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.
F52A
Enforcement of the financial penalty is statute-barred under the law of the relevant part of the United Kingdom and the decision was made in respect of conduct that, under the law of that part of the United Kingdom, falls within its jurisdiction.
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.
F82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63A
The decision was made in respect of conduct—
a
that occurred in the relevant part of the United Kingdom, and
b
does not constitute an offence under the law of that part of the United Kingdom.
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.
F92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I55
The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.
F75A
It appears that the decision was in fact made for the purpose of punishing the liable person on account of the liable person’s race, ethnic origin, religion, nationality, language, gender, sexual orientation or political opinions.
F11I66
1
The certificate indicates that the proceedings in which the decision was made were conducted in writing but does not confirm that the liable person was informed of—
a
the right to contest the proceedings, and
b
the time limits that applied to the exercise of that right.
2
The certificate indicates that the proceedings in which the decision was made provided for a hearing to take place and that the liable person did not attend but does not contain the statement described in—
a
Article 7(2)(i)(i) (liable person summoned in person or by other means actually notified of scheduled date and place of hearing and informed that decision may be made in his or her absence),
b
Article 7(2)(i)(ii) (liable person’s defence conducted at hearing by authorised legal representative),
c
Article 7(2)(i)(iii) (liable person indicated intention not to contest decision or did not exercise right to further hearing or appeal within time limit), or
d
Article 7(2)(j) (liable person expressly waived right to attend and indicated intention not to contest proceedings).
3
In this paragraph references to Articles are to Articles of the Framework Decision on financial penalties.
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
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 F3under the Treaty establishing the European Community or Title VI of the Treaty on European Union (as they had effect before 1 December 2009) or under the Treaty on the Functioning of the 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;
F10c
“relevant part of the United Kingdom” means—
i
England and Wales, in the application of this Schedule to England and Wales, and
ii
Northern Ireland, in the application of this Schedule to Northern Ireland.
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.