|
| |
|
(a) | a certificate requesting enforcement under the Framework Decision on |
| |
| |
(b) | the decision, or a certified copy of the decision, requiring payment of |
| |
the financial penalty to which the certificate relates, and |
| |
(c) | a notice under section 117(4). |
| 5 |
(2) | The clerk must refer the matter to a magistrates’ court acting for the petty |
| |
| |
(3) | The magistrates’ court must decide whether it is satisfied that any of the |
| |
grounds for refusal apply (see section 121(2)). |
| |
(4) | The clerk must inform the Lord Chancellor of the decision of the magistrates’ |
| 10 |
| |
(5) | Subsection (6) applies unless the magistrates’ court is satisfied that one or more |
| |
of the grounds for refusal apply. |
| |
(6) | Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 |
| |
(N.I.26)), and any instrument made under that Part, apply in relation to the |
| 15 |
financial penalty as if it were a sum adjudged to be paid by a conviction of the |
| |
magistrates’ court on the date when the court made the decision mentioned in |
| |
| |
(7) | If the certificate requesting enforcement under the Framework Decision on |
| |
financial penalties states that part of the financial penalty has been paid, the |
| 20 |
reference in subsection (6) to the financial penalty is to be read as a reference to |
| |
such part of the penalty as remains unpaid. |
| |
119 | Modification of Magistrates’ Courts (Northern Ireland) Order 1981 |
| |
(1) | Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 is modified as |
| |
follows in its application to financial penalties by virtue of section 118(6) above. |
| 25 |
(2) | Article 92 applies in relation to any financial penalty for an amount exceeding |
| |
£20,000 as if for paragraph (5) there were substituted— |
| |
“(5) | The period for which a person may be committed to prison under |
| |
this Article in default of payment or levy of any sum or part of such |
| |
sum shall not exceed the maximum period which the Crown Court |
| 30 |
could have fixed under section 35(1)(c) of the Criminal Justice Act |
| |
(Northern Ireland) 1945 had the financial penalty been a fine |
| |
imposed by the Crown Court.” |
| |
(3) | For the purpose of determining whether a financial penalty specified in a |
| |
currency other than sterling is for an amount exceeding £20,000, the exchange |
| 35 |
rate prevailing on the relevant date must be used. |
| |
(4) | In subsection (3), the “relevant date” means the date on which the decision |
| |
imposing the financial penalty was made. |
| |
(5) | Article 95 applies as if for the words from “he is residing” in paragraph (1) to |
| |
the end of that paragraph there were substituted “he is residing, or has |
| 40 |
property or a source of income, in any local justice area in England and |
| |
| |
(a) | the court may order that payment of the sum shall be |
| |
enforceable in that local justice area, and |
| |
|
| |
|
| |
|
(b) | if such an order is made, the court must notify the Lord |
| |
| |
120 | Transfer of certificates to central authority for Scotland |
| |
(1) | This section applies where— |
| |
(a) | the competent authority or central authority of a member State other |
| 5 |
than the United Kingdom gives the Lord Chancellor— |
| |
(i) | a certificate requesting enforcement under the Framework |
| |
Decision on financial penalties, and |
| |
(ii) | the decision, or a certified copy of the decision, requiring |
| |
payment of the financial penalty to which the certificate relates, |
| 10 |
| |
(b) | the Lord Chancellor is not required by section 114 or 117 to give the |
| |
documents to a designated officer for a local justice area in England and |
| |
Wales or to a clerk of petty sessions for a petty sessions district in |
| |
| 15 |
(2) | If the certificate states that the person is normally resident or has property or a |
| |
source of income in Scotland, the Lord Chancellor must give the documents to |
| |
the central authority for Scotland. |
| |
121 | Requests from other member States: supplemental |
| |
(1) | Schedule 24 specifies when a financial penalty is suitable for enforcement in |
| 20 |
England and Wales for the purposes of section 114(1) and when a financial |
| |
penalty is suitable for enforcement in Northern Ireland for the purposes of |
| |
| |
(2) | Schedule 25 specifies the grounds for refusal for the purposes of sections |
| |
| 25 |
(3) | The Lord Chancellor may by order make further provision for or in connection |
| |
with giving effect to the Framework Decision on financial penalties. |
| |
(4) | An order under subsection (3) may in particular— |
| |
(a) | modify the enactments specified in section 115(7) in their application to |
| |
financial penalties by virtue of section 115(6), |
| 30 |
(b) | modify the enactments specified in section 118(6) in their application to |
| |
financial penalties by virtue of that provision, and |
| |
(c) | amend, repeal or revoke any provision of— |
| |
(i) | any Act (including any Act passed in the same Session as this |
| |
| 35 |
(ii) | subordinate legislation (within the meaning of the |
| |
Interpretation Act 1978 (c. 30)) made before the passing of this |
| |
| |
(iii) | Northern Ireland legislation; |
| |
(iv) | any instrument made, before the passing of this Act, under |
| 40 |
Northern Ireland legislation. |
| |
|
| |
|
| |
|
Recognition of financial penalties: interpretation |
| |
122 | Interpretation of sections 110 to 121 etc. |
| |
(1) | In sections 110 to 121 and Schedules 24 and 25— |
| |
“central authority”, in relation to a member State other than the United |
| |
Kingdom, means an authority designated by the State as a central |
| 5 |
authority for the purposes of the Framework Decision on financial |
| |
| |
“central authority for Scotland” means the person or body which, by |
| |
virtue of an order under section 56 of the Criminal Proceedings etc. |
| |
(Reform) (Scotland) Act 2007 (asp 6) (recognition of EU financial |
| 10 |
penalties), acts as the central authority in relation to Scotland for the |
| |
purposes of the Framework Decision; |
| |
“competent authority”, in relation to a member State, means an authority |
| |
designated by the State as a competent authority for the purposes of |
| |
| 15 |
“the Framework Decision on financial penalties” means the Framework |
| |
Decision of the Council of the European Union made on 24 February |
| |
2005 on the application of the principle of mutual recognition to |
| |
financial penalties (2005/214/JHA). |
| |
(2) | In sections 114 to 121 and Schedules 24 and 25— |
| 20 |
“decision” has the meaning given by Article 1 of the Framework Decision |
| |
on financial penalties (except in sections 115(4) and 118(4)); |
| |
“financial penalty’’ has the meaning given by that Article. |
| |
(3) | References in sections 110 to 121 to a certificate requesting enforcement under |
| |
the Framework Decision on financial penalties are references to such a |
| 25 |
certificate as is provided for by Article 4 of that Decision. |
| |
Mutual legal assistance in revenue matters |
| |
123 | Power to transfer functions under Crime (International Co-operation) Act |
| |
2003 in relation to direct taxation |
| |
(1) | In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32) |
| 30 |
(exercise of powers by others)— |
| |
(a) | in paragraph (a), for “Commissioners of Customs and Excise” |
| |
substitute “Commissioners for Revenue and Customs”; and |
| |
(b) | in paragraph (b), for “a customs officer” substitute “an officer of |
| |
| 35 |
(2) | Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs |
| |
Act 2005 (c. 11) (power under section 27(1) not applicable to former inland |
| |
revenue matters etc.) ceases to have effect. |
| |
|
| |
|
| |
|
| |
| |
| |
124 | Violent offender orders |
| |
(1) | A violent offender order is an order made in respect of a qualifying offender |
| 5 |
| |
(a) | contains such prohibitions, restrictions or conditions as the court |
| |
making the order considers necessary for the purpose of protecting the |
| |
public from the risk of serious violent harm caused by the offender, and |
| |
(b) | has effect for a period of at least 2 years specified in the order (unless |
| 10 |
renewed or discharged under section 128). |
| |
(2) | For the purposes of this Part any reference to protecting the public from the |
| |
risk of serious violent harm caused by a person is a reference to protecting— |
| |
(a) | the public in the United Kingdom, or |
| |
(b) | any particular members of the public in the United Kingdom, |
| 15 |
| from the risk of serious physical or psychological harm caused by that person |
| |
committing one or more specified offences. |
| |
(3) | In this Part “specified offence” means— |
| |
| |
(b) | an offence under section 4 of the Offences against the Person Act 1861 |
| 20 |
(c. 100) (soliciting murder); |
| |
(c) | an offence under section 18 of that Act (wounding with intent to cause |
| |
| |
(d) | an offence under section 20 of that Act (malicious wounding); or |
| |
(e) | attempting to commit murder or conspiracy to commit murder. |
| 25 |
| |
(1) | In this Part “qualifying offender” means a person within subsection (2) or (4). |
| |
(2) | A person is within this subsection if (whether before or after the |
| |
commencement of this Part)— |
| |
(a) | the person has been convicted of a specified offence and given a |
| 30 |
custodial sentence of at least 12 months for the offence, |
| |
(b) | the person has been found not guilty of a specified offence by reason of |
| |
insanity and subsection (3) applies, or |
| |
(c) | the person has been found to be under a disability and to have done the |
| |
act charged in respect of a specified offence and subsection (3) applies. |
| 35 |
(3) | This subsection applies in the case of a person within (2)(b) or (2)(c) if the court |
| |
made in respect of the offence— |
| |
(a) | a hospital order (with or without a restriction order), or |
| |
| |
(4) | A person is within this subsection if, under the law in force in a country outside |
| 40 |
England and Wales (and whether before or after the commencement of this |
| |
| |
|
| |
|
| |
|
(a) | the person has been convicted of a relevant offence and sentenced for |
| |
the offence to a period of imprisonment or other detention of at least 12 |
| |
| |
(b) | a court exercising jurisdiction under that law has made in respect of a |
| |
relevant offence a finding equivalent to a finding that the person was |
| 5 |
not guilty by reason of insanity, and has made in respect of the offence |
| |
an order equivalent to one mentioned in subsection (3), or |
| |
(c) | such a court has, in respect of a relevant offence, made a finding |
| |
equivalent to a finding that the person was under a disability and did |
| |
the act charged in respect of the offence, and has made in respect of the |
| 10 |
offence an order equivalent to one mentioned in subsection (3). |
| |
(5) | In subsection (4) “relevant offence” means an act which— |
| |
(a) | constituted an offence under the law in force in the country concerned, |
| |
| |
(b) | would have constituted a specified offence if it had been done in |
| 15 |
| |
(6) | An act punishable under the law in force in a country outside England and |
| |
Wales constitutes an offence under that law for the purposes of subsection (5) |
| |
however it is described in that law. |
| |
(7) | Subject to subsection (8), on an application under section 126 the condition in |
| 20 |
subsection (5)(b) (where relevant) is to be taken as met in relation to the person |
| |
to whom the application relates (“P”) unless, not later than rules of court may |
| |
provide, P serves on the applicant a notice— |
| |
(a) | denying that, on the facts as alleged with respect to the act in question, |
| |
| 25 |
(b) | giving the reasons for denying that it is met, and |
| |
(c) | requiring the applicant to prove that it is met. |
| |
(8) | If the court thinks fit, it may permit P to require the applicant to prove that the |
| |
condition is met even though no notice has been served under subsection (7). |
| |
126 | Applications for violent offender orders |
| 30 |
(1) | A chief officer of police may by complaint to a magistrates’ court apply for a |
| |
violent offender order to be made in respect of a person— |
| |
(a) | who resides in the chief officer’s police area, or |
| |
(b) | who the chief officer believes is in, or is intending to come to, that area, |
| |
| if it appears to the chief officer that the conditions in subsection (2) are met. |
| 35 |
| |
(a) | that the person is a qualifying offender, and |
| |
(b) | that the person has, since the appropriate date, acted in such a way as |
| |
to give reasonable cause to believe that it is necessary for a violent |
| |
offender order to be made in respect of the person. |
| 40 |
(3) | An application under this section may be made to any magistrates’ court |
| |
whose commission area includes— |
| |
(a) | any part of the applicant’s police area, or |
| |
(b) | any place where it is alleged that the person acted in such a way as is |
| |
mentioned in subsection (2)(b). |
| 45 |
|
| |
|
| |
|
(4) | Before making an application under this section in respect of a person who will |
| |
be under 18 at the time of the application, the applicant must consult any |
| |
member of a team established under section 39 of the Crime and Disorder Act |
| |
1998 (c. 37) (youth offending teams). |
| |
(5) | The Secretary of State may by order make provision— |
| 5 |
(a) | for applications under this section to be made by such persons or |
| |
bodies as are specified or described in the order; |
| |
(b) | specifying cases or circumstances in which applications may be so |
| |
| |
(c) | for provisions of this Part to apply, in relation to the making of |
| 10 |
applications (or cases where applications are made) by any such |
| |
persons or bodies, with such modifications as are specified in relation |
| |
| |
(6) | In this Part “the appropriate date” means the date (or, as the case may be, the |
| |
first date) on which the person became a person within any of paragraphs (a) |
| 15 |
to (c) of section 125(2) or (4), whether that date fell before or after the |
| |
commencement of this Part. |
| |
127 | Making of violent offender orders |
| |
(1) | A magistrates’ court may make a violent offender order in respect of the person |
| |
to whom an application under section 126 relates (“P”) if it is satisfied that the |
| 20 |
conditions in subsection (2) are met. |
| |
| |
(a) | that P is a qualifying offender, |
| |
(b) | that P has, since the appropriate date, acted in such a way as to make it |
| |
necessary to make a violent offender order for the purpose of |
| 25 |
protecting the public from the risk of serious violent harm caused by P. |
| |
(3) | When deciding whether it is necessary to make such an order for that purpose, |
| |
the court must have regard to whether P would, at any time when such an |
| |
order would be in force, be subject under any other enactment to any measures |
| |
that would operate to protect the public from the risk of such harm. |
| 30 |
(4) | A violent offender order may not be made so as to come into force at any time |
| |
| |
(a) | is subject to a custodial sentence imposed in respect of any offence, |
| |
(b) | is on licence for part of the term of such a sentence, or |
| |
(c) | is subject to a hospital order or a supervision order made in respect of |
| 35 |
| |
(5) | But such an order may be applied for, and made, at such a time. |
| |
128 | Variation, renewal or discharge of violent offender orders |
| |
(1) | A person within subsection (2) may by complaint apply to the appropriate |
| |
magistrates’ court for an order varying, renewing or discharging a violent |
| 40 |
| |
| |
| |
(b) | the chief officer of police who applied for the order, |
| |
|
| |
|
| |
|
(c) | (if different) the chief officer of police for the area in which the offender |
| |
| |
(d) | (if different) a chief officer of police who believes that the offender is in, |
| |
or is intending to come to, his police area. |
| |
(3) | The “appropriate magistrates’ court” means the magistrates’ court that made |
| 5 |
the order or (if different)— |
| |
(a) | a magistrates’ court for the area in which the offender resides, or |
| |
(b) | where the application under this section is made by a chief officer of |
| |
police, any magistrates’ court whose commission area includes any |
| |
part of the chief officer’s police area. |
| 10 |
(4) | On an application under this section the appropriate magistrates’ court may, |
| |
| |
| |
(b) | any other persons mentioned in subsection (2) who wish to be heard, |
| |
make such order varying, renewing or discharging the violent offender order |
| 15 |
as the court considers appropriate. |
| |
But this is subject to subsections (5) and (6). |
| |
(5) | A violent offender order may only be— |
| |
| |
(b) | varied so as to impose additional prohibitions, restrictions or |
| 20 |
conditions on the offender, |
| |
if the court considers that it is necessary to do so for the purpose of protecting |
| |
the public from the risk of serious violent harm caused by the offender (and |
| |
any renewed or varied order may contain only such prohibitions, restrictions |
| |
or conditions as the court considers necessary for this purpose). |
| 25 |
(6) | The court may not discharge the violent offender order before the end of the |
| |
period of 2 years beginning with the date on which it comes into force unless |
| |
consent to its discharge is given by the offender and— |
| |
(a) | where the application under this section is made by a chief officer of |
| |
police, by that chief officer, or |
| 30 |
(b) | where the application is made by the offender, by the chief officer of |
| |
police for the area in which the offender resides. |
| |
129 | Interim violent offender orders |
| |
(1) | This section applies where an application under section 126 (“the main |
| |
application”) has not yet been determined. |
| 35 |
(2) | An application for an order under this section (“an interim violent offender |
| |
| |
(a) | by the complaint by which the main application is made, or |
| |
(b) | if the main application has already been made to a court, by means of a |
| |
further complaint made to that court by the person making the main |
| 40 |
| |
| |
(a) | is satisfied that the person to whom the main application relates is a |
| |
| |
(b) | considers it just to do so, |
| 45 |
|
| |
|