- Latest available (Revised)
- Point in Time (17/03/2016)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 17/03/2016.
Criminal Justice and Immigration Act 2008, SCHEDULE 19 is up to date with all changes known to be in force on or before 09 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 91(2)
[F1A1.E+W+N.I.The certificate is incomplete or obviously does not correspond to the decision.]
Textual Amendments
1E+W+N.I.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).
Commencement Information
I1Sch. 19 para. 1 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
2E+W+N.I.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.
Commencement Information
I2Sch. 19 para. 2 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
[F22A.E+W+N.I.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.]
Textual Amendments
3(1)The decision was made in respect of conduct—E+W+N.I.
(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.
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 19 para. 3(2) omitted (3.12.2014) by virtue of The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(4)
Commencement Information
I3Sch. 19 para. 3 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
[F43A.E+W+N.I.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.]
Textual Amendments
4(1)The decision was made in respect of conduct—E+W+N.I.
(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.
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 19 para. 4(2) omitted (3.12.2014) by virtue of The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(6)
Commencement Information
I4Sch. 19 para. 4 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
5E+W+N.I.The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.
Commencement Information
I5Sch. 19 para. 5 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
[F65A.E+W+N.I.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.]
Textual Amendments
[F76(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—E+W+N.I.
(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.]
Textual Amendments
F7Sch. 19 para. 6 substituted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(8)
Commencement Information
I6Sch. 19 para. 6 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
7(1)The financial penalty is for an amount less than 70 euros.E+W+N.I.
(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).
[F8(4)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.]
Textual Amendments
F8Sch. 19 para. 7(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 96 (with arts. 28-31)
Commencement Information
I7Sch. 19 para. 7 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
8E+W+N.I.Participation in a criminal organisation.
Commencement Information
I8Sch. 19 para. 8 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
9E+W+N.I.Terrorism.
Commencement Information
I9Sch. 19 para. 9 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
10E+W+N.I.Trafficking in human beings.
Commencement Information
I10Sch. 19 para. 10 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
11E+W+N.I.Sexual exploitation of children and child pornography.
Commencement Information
I11Sch. 19 para. 11 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
12E+W+N.I.Illicit trafficking in narcotic drugs and psychotropic substances.
Commencement Information
I12Sch. 19 para. 12 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
13E+W+N.I.Illicit trafficking in weapons, munitions and explosives.
Commencement Information
I13Sch. 19 para. 13 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
14E+W+N.I.Corruption.
Commencement Information
I14Sch. 19 para. 14 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
15E+W+N.I.Fraud, including that affecting the financial interests of [F9the European Union] within the meaning of the Convention of 26 July 1995 on the protection of [F9the European Union] ' financial interests.
Textual Amendments
F9Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with art. 3(2)(3)4(2)6(4)(5))
Commencement Information
I15Sch. 19 para. 15 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
16E+W+N.I.Laundering of the proceeds of crime.
Commencement Information
I16Sch. 19 para. 16 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
17E+W+N.I.Counterfeiting currency, including of the euro.
Commencement Information
I17Sch. 19 para. 17 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
18E+W+N.I.Computer-related crime.
Commencement Information
I18Sch. 19 para. 18 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
19E+W+N.I.Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
Commencement Information
I19Sch. 19 para. 19 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
20E+W+N.I.Facilitation of unauthorised entry and residence.
Commencement Information
I20Sch. 19 para. 20 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
21E+W+N.I.Murder, grievous bodily injury.
Commencement Information
I21Sch. 19 para. 21 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
22E+W+N.I.Illicit trade in human organs and tissue.
Commencement Information
I22Sch. 19 para. 22 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
23E+W+N.I.Kidnapping, illegal restraint and hostage-taking.
Commencement Information
I23Sch. 19 para. 23 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
24E+W+N.I.Racism and xenophobia.
Commencement Information
I24Sch. 19 para. 24 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
25E+W+N.I.Organised or armed robbery.
Commencement Information
I25Sch. 19 para. 25 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
26E+W+N.I.Illicit trafficking in cultural goods, including antiques and works of art.
Commencement Information
I26Sch. 19 para. 26 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
27E+W+N.I.Swindling.
Commencement Information
I27Sch. 19 para. 27 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
28E+W+N.I.Racketeering and extortion.
Commencement Information
I28Sch. 19 para. 28 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
29E+W+N.I.Counterfeiting and piracy of products.
Commencement Information
I29Sch. 19 para. 29 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
30E+W+N.I.Forgery of administrative documents and trafficking therein.
Commencement Information
I30Sch. 19 para. 30 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
31E+W+N.I.Forgery of means of payment.
Commencement Information
I31Sch. 19 para. 31 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
32E+W+N.I.Illicit trafficking in hormonal substances and other growth promoters.
Commencement Information
I32Sch. 19 para. 32 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
33E+W+N.I.Illicit trafficking in nuclear or radioactive materials.
Commencement Information
I33Sch. 19 para. 33 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
34E+W+N.I.Trafficking in stolen vehicles.
Commencement Information
I34Sch. 19 para. 34 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
35E+W+N.I.Rape.
Commencement Information
I35Sch. 19 para. 35 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
36E+W+N.I.Arson.
Commencement Information
I36Sch. 19 para. 36 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
37E+W+N.I.Crimes within the jurisdiction of the International Criminal Court.
Commencement Information
I37Sch. 19 para. 37 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
38E+W+N.I.Unlawful seizure of aircraft or ships.
Commencement Information
I38Sch. 19 para. 38 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
39E+W+N.I.Sabotage.
Commencement Information
I39Sch. 19 para. 39 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
40E+W+N.I.Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.
Commencement Information
I40Sch. 19 para. 40 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
41E+W+N.I.Smuggling of goods.
Commencement Information
I41Sch. 19 para. 41 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
42E+W+N.I.Infringement of intellectual property rights.
Commencement Information
I42Sch. 19 para. 42 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
43E+W+N.I.Threats and acts of violence against persons, including violence during sport events.
Commencement Information
I43Sch. 19 para. 43 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
44E+W+N.I.Criminal damage.
Commencement Information
I44Sch. 19 para. 44 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
45E+W+N.I.Theft.
Commencement Information
I45Sch. 19 para. 45 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
46E+W+N.I.Offences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted [F10under 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] .
Textual Amendments
F10Words in Sch. 19 para. 46 substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
Commencement Information
I46Sch. 19 para. 46 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
47(1)In this Schedule—E+W+N.I.
(a)“conduct” includes any act or omission;
(b)“liable person” means the person required to pay the financial penalty to which the certificate relates.
[F11(c)“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.
Textual Amendments
F11Sch. 19 para. 47(1)(c) inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 16(9)
Commencement Information
I47Sch. 19 para. 47 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: