Part 6International co-operation in relation to criminal justice matters

Recognition of financial penalties: requests to other member States

80Requests to other member States: England and Wales

1

In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines and other sums imposed on conviction) in paragraph 38 (the range of further steps available against defaulters)—

a

after sub-paragraph (1)(e) insert—

f

subject to sub-paragraph (4), issuing a certificate requesting enforcement under the Framework Decision on financial penalties;

b

after sub-paragraph (3) insert—

4

A certificate requesting enforcement under the Framework Decision on financial penalties may only be issued where—

a

the sum due is a financial penalty within the meaning of section 80 of the Criminal Justice and Immigration Act 2008, and

b

it appears to the fines officer or the court that P is normally resident, or has property or income, in a member State other than the United Kingdom.

5

In this paragraph, references to a certificate requesting enforcement under the Framework Decision on financial penalties are to be construed in accordance with section 92(3) of the Criminal Justice and Immigration Act 2008.

2

The designated officer for a magistrates' court may issue a certificate requesting enforcement under the Framework Decision on financial penalties where—

a

a person is required to pay a financial penalty,

b

the penalty is not paid in full within the time allowed for payment,

c

there is no appeal outstanding in relation to the penalty,

d

Schedule 5 to the Courts Act 2003 (c. 39) does not apply in relation to the enforcement of the penalty, and

e

it appears to the designated officer that the person is normally resident in, or has property or income in, a member State other than the United Kingdom.

3

For the purposes of subsection (2)(c), there is no appeal outstanding in relation to a financial penalty if—

a

no appeal has been brought in relation to the imposition of the financial penalty within the time allowed for making such an appeal, or

b

such an appeal has been brought but the proceedings on appeal have been concluded.

4

Where the person required to pay the financial penalty is a body corporate, subsection (2)(e) applies as if the reference to the person being normally resident in a member State other than the United Kingdom were a reference to the person having its registered office in a member State other than the United Kingdom.

5

In this section, “financial penalty” means—

a

a fine imposed by a court in England and Wales on a person’s conviction of an offence;

b

any sum payable under a compensation order (within the meaning of section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6));

c

a surcharge under section 161A of the Criminal Justice Act 2003 (c. 44);

d

any sum payable under any such order as is mentioned in paragraphs 1 to 9 of Schedule 9 to the Administration of Justice Act 1970 (c. 31) (orders for payment of costs);

e

any sum payable by virtue of section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (orders requiring parents to pay fines etc.);

f

any fine or other sum mentioned in section 82(4)(b)(i) to (iv), or any fine imposed by a court in Scotland, which is enforceable in a local justice area in England and Wales by virtue of section 91 of the Magistrates' Courts Act 1980 (c. 43);

g

any other financial penalty, within the meaning of the Framework Decision on financial penalties, specified in an order made by the Lord Chancellor.