Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 24 — Penalties suitable for enforcement in England and Wales or Northern Ireland
242

(b)
after subsection (4A) insert—
“(4B)
In the case of an offence under subsection (2) above in
connection with a prohibition or restriction relating to the
exportation or shipment as stores of nuclear material,
subsection (3)(b) above shall have effect as if for the words “7
5
years” there were substituted the words “14 years”.”
      (5)
In section 170 (penalty for fraudulent evasion of duty, etc.)—
(a)
in subsection (3) (penalty for offence) for “or (4B)” substitute “, (4B)
or (4C)”;
(b)
after subsection (4B) insert—
10
“(4C)
In the case of an offence under subsection (1) or (2) above in
connection with a prohibition or restriction relating to the
importation, exportation or shipment as stores of nuclear
material, subsection (3)(b) above shall have effect as if for the
words “7 years” there were substituted the words “14
15
years”.”
9     (1)
Her Majesty may by Order in Council provide for any provisions of section
1, 50, 68 or 170 of the Customs and Excise Management Act 1979 (c. 2) as
amended by paragraph 8 to extend, with or without modifications, to any of
the Channel Islands, the Isle of Man or any British overseas territory.
20
      (2)
Section 170(2) applies in relation to an Order in Council under sub-
paragraph (1) as it applies in relation to an order made by the Secretary of
State.
Schedule 24
Section 121(1)

Penalties suitable for enforcement in England and Wales or Northern
25
Ireland
Person residing in England and Wales
1
The financial penalty is suitable for enforcement in England and Wales if the
certificate states that the person required to pay the penalty is normally
resident in England and Wales.
30
Person residing in Northern Ireland
2
The financial penalty is suitable for enforcement in Northern Ireland if the
certificate states that the person required to pay the penalty is normally
resident in Northern Ireland.
Person having property etc. in England and Wales
35
3
The financial penalty is suitable for enforcement in England and Wales if—
(a)
the certificate states that the person required to pay the penalty has
property or a source of income in England and Wales, and
(b)
the certificate does not state—
(i)
that the person has property or a source of income in
40
Northern Ireland or Scotland, or

Criminal Justice and Immigration Bill
Schedule 24 — Penalties suitable for enforcement in England and Wales or Northern Ireland
243

(ii)
that the person is normally resident in the United Kingdom.
Person having property etc. in Northern Ireland
4
The financial penalty is suitable for enforcement in Northern Ireland if—
(a)
the certificate states that the person required to pay the penalty has
property or a source of income in Northern Ireland, and
5
(b)
the certificate does not state—
(i)
that the person has property or a source of income in England
and Wales or Scotland, or
(ii)
that the person is normally resident in the United Kingdom.
Person having property etc. in England and Wales and Northern Ireland
10
5     (1)
This paragraph applies if—
(a)
the certificate states that the person required to pay the penalty has
property or a source of income in England and Wales,
(b)
the certificate also states that the person has property or a source of
income in Northern Ireland, and
15
(c)
the certificate does not state—
(i)
that the person has property or a source of income in
Scotland, or
(ii)
that the person is normally resident in the United Kingdom.
      (2)
The financial penalty is suitable for enforcement in England and Wales
20
unless it is suitable for enforcement in Northern Ireland by virtue of sub-
paragraph (3).
      (3)
The financial penalty is suitable for enforcement in Northern Ireland if the
Lord Chancellor thinks that it is more appropriate for the penalty to be
enforced in Northern Ireland than in England and Wales.
25
Person having property etc. in England and Wales and Scotland
6     (1)
This paragraph applies if—
(a)
the certificate states that the person required to pay the penalty has
property or a source of income in England and Wales,
(b)
the certificate also states that the person has property or a source of
30
income in Scotland, and
(c)
the certificate does not state—
(i)
that the person has property or a source of income in
Northern Ireland, or
(ii)
that the person is normally resident in the United Kingdom.
35
      (2)
The financial penalty is suitable for enforcement in England and Wales
unless sub-paragraph (3) applies.
      (3)
This sub-paragraph applies if—
(a)
the Lord Chancellor was given the certificate by the competent
authority or central authority of another member State (and not by
40
the central authority for Scotland), and
(b)
the Lord Chancellor thinks that it is more appropriate for the
financial penalty to be enforced in Scotland than in England and
Wales.

Criminal Justice and Immigration Bill
Schedule 24 — Penalties suitable for enforcement in England and Wales or Northern Ireland
244

Person having property etc. in Northern Ireland and Scotland
7     (1)
This paragraph applies if—
(a)
the certificate states that the person required to pay the penalty has
property or a source of income in Northern Ireland,
(b)
the certificate also states that the person has property or a source of
5
income in Scotland, and
(c)
the certificate does not state —
(i)
that the person has property or a source of income in England
and Wales, or
(ii)
that the person is normally resident in the United Kingdom.
10
      (2)
The financial penalty is suitable for enforcement in Northern Ireland unless
sub-paragraph (3) applies.
      (3)
This sub-paragraph applies if—
(a)
the Lord Chancellor was given the certificate by the competent
authority or central authority of another member State (and not by
15
the central authority for Scotland), and
(b)
the Lord Chancellor thinks that it is more appropriate for the
financial penalty to be enforced in Scotland than in Northern Ireland.
Person having property etc. in England and Wales, Scotland and Northern Ireland
8     (1)
This paragraph applies if—
20
(a)
the certificate states that the person required to pay the penalty has
property or a source of income in Northern Ireland,
(b)
the certificate also states that the person has property or a source of
income in England and Wales and in Scotland, and
(c)
the certificate does not state that the person is normally resident in
25
the United Kingdom.
      (2)
The financial penalty is suitable for enforcement in England and Wales
unless—
(a)
the penalty is suitable for enforcement in Northern Ireland by virtue
of sub-paragraph (3) or (4), or
30
(b)
sub-paragraph (5) applies.
      (3)
The financial penalty is suitable for enforcement in Northern Ireland if—
(a)
the Lord Chancellor was given the certificate by the competent
authority or central authority of another member State (and not by
the central authority for Scotland), and
35
(b)
the Lord Chancellor thinks that it is more appropriate for the
financial penalty to be enforced in Northern Ireland than in England
and Wales or Scotland.
      (4)
The financial penalty is suitable for enforcement in Northern Ireland if—
(a)
the Lord Chancellor was given the certificate by the central authority
40
for Scotland, and
(b)
the Lord Chancellor thinks that it is more appropriate for the
financial penalty to be enforced in Northern Ireland than in England
and Wales.
      (5)
The sub-paragraph applies if—
45

Criminal Justice and Immigration Bill
Schedule 25 — Grounds for refusal to enforce financial penalties
Part 1 — The grounds for refusal
245

(a)
the Lord Chancellor was given the certificate by the competent
authority or central authority of another member State (and not by
the central authority for Scotland), and
(b)
the Lord Chancellor thinks that it is more appropriate for the
financial penalty to be enforced in Scotland than in England and
5
Wales or Northern Ireland.
Interpretation
9
Where the person is a body corporate, this Schedule applies as if—
(a)
the reference in paragraph 1 to the person being normally resident in
England and Wales were a reference to the person having its
10
registered office in England and Wales,
(b)
the reference in paragraph 2 to the person being normally resident in
Northern Ireland were a reference to the person having its registered
office in Northern Ireland, and
(c)
any reference to the person being normally resident in the United
15
Kingdom were a reference to the person having its registered office
in the United Kingdom.
Schedule 25
Section 121(2)

Grounds for refusal to enforce financial penalties
Part 1
20
The grounds for refusal
1
A penalty (of any kind) has been imposed on the offender 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).
2
A penalty (of any kind) has been imposed on the offender in respect of that
25
conduct under the law of any member State, other than the United Kingdom
and the issuing State, and that penalty has been enforced.
3     (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
30
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
35
Ireland.
4     (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.
40

Criminal Justice and Immigration Bill
Schedule 25 — Grounds for refusal to enforce financial penalties
Part 2 — European framework list (financial penalties)
246

      (2)
In sub-paragraph (1), “the relevant part of the United Kingdom” has the
same meaning as in paragraph 3(2).
5
The decision was made in respect of conduct that took place when the
offender was under the age of 10.
6
The certificate does not confirm that—
5
(a)
if the proceedings in which the decision was made were conducted
in writing, the offender 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
10
offender did not attend, the offender was informed of the
proceedings or indicated an intention not to contest them.
7     (1)
The financial penalty is for an amount less than 70 euros.
      (2)
For the purpose of determining whether a financial penalty specified in a
currency other than the euro is less than 70 euros, the magistrates’ court
15
must use the exchange rate prevailing on the date on which 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-paragraphs (1) and (2).
Part 2
20
European framework list (financial penalties)
8
Participation in a criminal organisation.
9
Terrorism.
10
Trafficking in human beings.
11
Sexual exploitation of children and child pornography.
25
12
Illicit trafficking in narcotic drugs and psychotropic substances.
13
Illicit trafficking in weapons, munitions and explosives.
14
Corruption.
15
Fraud, including that affecting the financial interests of the European
Communities within the meaning of the Convention of 26 July 1995 on the
30
protection of the European Communities' financial interests.
16
Laundering of the proceeds of crime.
17
Counterfeiting currency, including of the euro.
18
Computer-related crime.
19
Environmental crime, including illicit trafficking in endangered animal
35
species and in endangered plant species and varieties.
20
Facilitation of unauthorised entry and residence.
21
Murder, grievous bodily injury.
22
Illicit trade in human organs and tissue.

Criminal Justice and Immigration Bill
Schedule 25 — Grounds for refusal to enforce financial penalties
Part 3 — Interpretation
247

23
Kidnapping, illegal restraint and hostage-taking.
24
Racism and xenophobia.
25
Organised or armed robbery.
26
Illicit trafficking in cultural goods, including antiques and works of art.
27
Swindling.
5
28
Racketeering and extortion.
29
Counterfeiting and piracy of products.
30
Forgery of administrative documents and trafficking therein.
31
Forgery of means of payment.
32
Illicit trafficking in hormonal substances and other growth promoters.
10
33
Illicit trafficking in nuclear or radioactive materials.
34
Trafficking in stolen vehicles.
35
Rape.
36
Arson.
37
Crimes within the jurisdiction of the International Criminal Court.
15
38
Unlawful seizure of aircraft or ships.
39
Sabotage.
40
Conduct which infringes road traffic regulations, including breaches of
regulations pertaining to driving hours and rest periods and regulations on
hazardous goods.
20
41
Smuggling of goods.
42
Infringement of intellectual property rights.
43
Threats and acts of violence against persons, including violence during sport
events.
44
Criminal damage.
25
45
Theft.
46
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.
30
Part 3
Interpretation
47
In this Schedule—
(a)
“issuing State” means the member State by whose central authority
or competent authority the Lord Chancellor is given the certificate;
35
(b)
“offender” means the person required to pay the financial penalty.