House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 14th November 2007
235

Criminal Justice and Immigration Bill, continued

Mr David Hanson

264

Clause  78,  page  55,  line  22,  at end insert—

‘( )
Where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the central authority for Scotland the

documents mentioned in subsection (1), and

(b)
without taking any action to enforce the financial penalty in Scotland, the

central authority for Scotland gives the documents to the Lord

Chancellor,


this section applies as if the competent authority or central authority gave the

documents to the Lord Chancellor.’.

Mr David Hanson

265

Clause  78,  page  55,  line  23,  leave out subsection (6).

Mr David Hanson

266

Clause  80,  page  56,  line  15,  at end insert—

‘(A1)
Schedule (Penalties suitable for enforcement in England and Wales or Northern

Irleand) specifies when a financial penalty is suitable for enforcement in England

and Wales for the purposes of section 78(1) and when a financial penalty is

suitable for enforcement in Northern Ireland for the purposes of section (Requests

from other member States: Northern Ireland)(1)’.

Mr David Hanson

267

Clause  80,  page  56,  line  17,  leave out 'and 79(3) and (5)’ and insert ‘, 79(3) and (5),

(Requests from other member States: Northern Ireland)(4)(a) and (Procedure on receipt

of certificate by clerk of petty sessions)(3) and (5)’.

Mr David Hanson

268

Clause  80,  page  56,  line  22,  at end insert—

‘( )
modify the enactments specified in section (Procedure on receipt of

certificate by clerk of petty sessions)(6) in their application to financial

penalties by virtue of that provision, and’.

Mr David Hanson

269

Clause  80,  page  56,  line  27,  at end insert—

‘( )
Northern Ireland legislation;

( )
any instrument made, before the passing of this Act, under

Northern Ireland legislation.’.

Mr David Hanson

270

Clause  81,  page  56,  line  29,  at end insert ‘and Schedules (Penalties suitable for

enforcement in England and Wales or Northern Ireland) and 16’.

Notices of Amendments: 14th November 2007
236

Criminal Justice and Immigration Bill, continued

Mr David Hanson

271

Clause  81,  page  56,  line  30,  after ‘State’ insert ‘other than the United Kingdom’.

Mr David Hanson

272

Clause  81,  page  56,  line  32,  at end insert—

‘ “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 penalties), acts

as the central authority in relation to Scotland for the purposes of the

Framework Decision;”’.

Mr David Hanson

273

Clause  81,  page  56,  line  39,  at end insert—

‘( )
In sections 78, 79, (Requests from other member States: Northern Ireland),

(Procedure on receipt of certificate by clerk of petty sessions), (Modification of

Magistrates’ Courts (Northern Ireland) Order 1981), (Transfer of certificates to

central authority for Scotland) and 80 and Schedules (Penalties suitable for

enforcement in England and Wales or Northern Ireland) and 16—

“decision” has the meaning given by Article 1 of the Framework Decision

on financial penalties (except in sections 79(4) and (Procedure on receipt

of certificate by clerk of petty sessions)(4));

“financial penalty’’ has the meaning given by that Article.’.

Mr David Hanson

274

Clause  81,  page  56,  line  40,  leave out ‘those sections’ and insert ‘sections 76 to

80’.

Mr David Hanson

275

Clause  127,  page  84,  line  37,  at end insert—

‘( )
section 79(6) and (7) (so far as relating to any provision of Part 3 of the

Magistrates’ Courts Act 1980 which extends to Northern Ireland);

( )
sections (Transfer of certificates to central authority for Scotland), 80

and 81 and Schedules (Penalties suitable for enforcement in England and

Wales or Northern Ireland) and 16;’.

Mr David Hanson

276

Clause  127,  page  84,  line  40,  at end insert—

‘( )
sections (Requests to other member States: Northern Ireland) and

(Procedure on receipt of certificate by Lord Chancellor: Northern

Ireland);

( )
sections (Requests from other member States: Northern Ireland) and

(Procedure on receipt of certificate by clerk of petty sessions);’.

Mr David Hanson

277

Clause  127,  page  84,  line  41,  at end insert—

‘( )
paragraph 21(3) and (4) of Schedule 22.’.

Notices of Amendments: 14th November 2007
237

Criminal Justice and Immigration Bill, continued

Mr David Hanson

278

Schedule  16,  page  188,  line  27,  leave out ‘England and Wales’ and insert ‘the

relevant part of the United Kingdom’.

Mr David Hanson

279

Schedule  16,  page  188,  line  28,  leave out ‘England and Wales’ and insert ‘that

part’.

Mr David Hanson

280

Schedule  16,  page  188,  line  28,  at end insert—

      ‘()
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

Ireland.’.

Mr David Hanson

281

Schedule  16,  page  188,  line  31,  leave out ‘England and Wales’ and insert ‘the

relevant part of the United Kingdom’.

Mr David Hanson

282

Schedule  16,  page  188,  line  32,  leave out ‘England and Wales’ and insert ‘that

part’.

Mr David Hanson

283

Schedule  16,  page  188,  line  32,  at end insert—

      ‘()
In sub-paragraph (1), “the relevant part of the United Kingdom” has the same

meaning as in paragraph 3(1).’.

Mr David Hanson

284

Schedule  16,  page  190,  line  25,  leave out sub-paragraph (1).

Mr David Hanson

285

Schedule  22,  page  230,  line  33,  at end insert—

    ‘(3)
Section (Requests to other member States: Northern Ireland) does not apply in

relation to financial penalties (within the meaning of that section) imposed

before that section comes into force.

      (4)
Section (Requests from other member States: Northern Ireland) does not apply

in relation to financial penalties (within the meaning of that section) imposed

before that section comes into force.’.

Notices of Amendments: 14th November 2007
238

Criminal Justice and Immigration Bill, continued

Requests to other member States: Northern Ireland

Mr David Hanson

NC42

To move the following Clause:—

‘(1)
A designated officer of the Northern Ireland Court Service 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, and

(d)
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.

(2)
For the purposes of subsection (1)(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.

(3)
Where the person required to pay the financial penalty is a body corporate,

subsection (1)(d) 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.

(4)
In this section—

(a)
“designated officer of the Northern Ireland Court Service” means a

member of the staff of the Northern Ireland Court Service designated by

the Lord Chancellor for the purposes of this section;

(b)
“financial penalty” means—

(i)
a fine imposed by a court in Northern Ireland on the person’s

conviction of an offence;

(ii)
any sum payable under a compensation order (within the

meaning of article 14 of the Criminal Justice (Northern Ireland)

Order 1994 (S.I.1994/2795 (N.I.15));

(iii)
any sum payable under an order made under section 2(1), 4(1) or

5(1) of the Costs in Criminal Cases Act (Northern Ireland) 1968

(N.I. 10) or section 41(1) of the Criminal Appeal (Northern

Ireland) Act 1980 (c. 47);

(iv)
any fine or other sum mentioned in section 76(5)(a) to (d), or any

fine imposed by a court in Scotland, which is enforceable in a

petty sessions district in Northern Ireland by virtue of Article 96

of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/1675 (N.I.26));

(v)
any other financial penalty, within the meaning of the

Framework Decision on financial penalties, specified in an order

made by the Lord Chancellor.’.

Notices of Amendments: 14th November 2007
239

Criminal Justice and Immigration Bill, continued

Procedure on receipt of certificate by Lord Chancellor: Northern Ireland

Mr David Hanson

NC43

To move the following Clause:—

‘(1)
This section applies where a designated officer has issued a certificate under

section (Requests to other member States: Northern Ireland)(1).

(2)
The designated officer must give the Lord Chancellor the certificate, together

with a certified copy of the decision requiring payment of the financial penalty.

(3)
On receipt of the documents mentioned in subsection (2), the Lord Chancellor

must give those documents to the central authority or competent authority of the

member State in which the person required to pay the penalty appears to be

normally resident or (as the case may be) to have property or income.

(4)
Where a certified copy of the decision is given to the central authority or

competent authority of a member State in accordance with subsection (3), no

further steps to enforce the decision may be taken in Northern Ireland except in

accordance with provision made by order by the Lord Chancellor.

(5)
Where the person required to pay the financial penalty is a body corporate,

subsection (3) applies as if the reference to the member State in which the person

appears to be normally resident were a reference to the member State in which the

person appears to have its registered office.’.

Modification of Magistrates’ Courts Act 1980

Mr David Hanson

NC44

To move the following Clause:—

‘(1)
Section 90 of the Magistrates’ Courts Act 1980 (c. 43) is modified as follows in

its application to financial penalties by virtue of section 79(7) above.

(2)
Subsection (1) applies as if for the words from “he is residing” to the end of that

subsection there were substituted “he is residing, or has property or a source of

income, in any petty sessions district in Northern Ireland—

(a)
the court or the fines officer (as the case may be) may order that

payment of the sum shall be enforceable in that petty sessions

district, and

(b)
if such an order is made, the court or the fines officer must notify

the Lord Chancellor.” ’.

Requests from other member States: Northern Ireland

Mr David Hanson

NC45

To move the following Clause:—

‘(1)
This section applies where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the Lord Chancellor—

(i)
a certificate requesting enforcement under the Framework

Decision on financial penalties, and

Notices of Amendments: 14th November 2007
240

Criminal Justice and Immigration Bill, continued

(ii)
the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

and

(b)
the financial penalty is suitable for enforcement in Northern Ireland (see

section 80(A1)).

(2)
If the certificate states that the person required to pay the financial penalty is

normally resident in Northern Ireland, the Lord Chancellor must give the

documents mentioned in subsection (1)(a) to the clerk of petty sessions for the

petty sessions district in which it appears that the person is normally resident.

(3)
Otherwise, the Lord Chancellor must give the documents mentioned in

subsection (1)(a) to the clerk of petty sessions for such petty sessions district as

appears appropriate.

(4)
Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor

must also give the clerk of petty sessions a notice—

(a)
stating whether the Lord Chancellor thinks that any of the grounds for

refusal apply (see section 80(1)), and

(b)
giving reasons for that opinion.

(5)
Where the person required to pay the financial penalty is a body corporate,

subsection (2) applies as if the reference to the petty sessions district in which it

appears that the person is normally resident were a reference to the petty sessions

district in which it appears that the person has its registered office.

(6)
Where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the central authority for Scotland the

documents mentioned in subsection (1), and

(b)
without taking any action to enforce the financial penalty in Scotland, the

central authority for Scotland gives the documents to the Lord

Chancellor,


this section applies as if the competent authority or central authority gave the

documents to the Lord Chancellor.’.

Procedure on receipt of certificate by clerk of petty sessions

Mr David Hanson

NC46

To move the following Clause:—

‘(1)
This section applies where the Lord Chancellor gives the clerk of petty sessions

for a petty sessions district—

(a)
a certificate requesting enforcement under the Framework Decision on

financial penalties,

(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 (Requests from other member States: Northern

Ireland)(4).

(2)
The clerk must refer the matter to a magistrates’ court acting for the petty sessions

district.

(3)
The magistrates’ court must decide whether it is satisfied that any of the grounds

for refusal apply (see section 80(1)).

(4)
The clerk must inform the Lord Chancellor of the decision of the magistrates’

court.

(5)
Subsection (6) applies unless the magistrates’ court is satisfied that one or more

of the grounds for refusal apply.

Notices of Amendments: 14th November 2007
241

Criminal Justice and Immigration Bill, continued

(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

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

subsection (4).

(7)
If the certificate requesting enforcement under the Framework Decision on

financial penalties states that part of the financial penalty has been paid, the

reference in subsection (6) to the financial penalty is to be read as a reference to

such part of the penalty as remains unpaid.’.

Modification of Magistrates’ Courts (Northern Ireland) Order 1981

Mr David Hanson

NC47

To move the following Clause:—

‘(1)
Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I 1981/1675

(N.I. 26) is modified as follows in its application to financial penalties by virtue

of section (Procedure on receipt of certificate by clerk of petty sessions)(6) above.

(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 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 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 property or a

source of income, in any local justice area in England and Wales—

(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

Chancellor.” ’.

Transfer of certificates to central authority for Scotland

Mr David Hanson

NC48

To move the following Clause:—

‘(1)
This section applies where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the Lord Chancellor—

(i)
a certificate requesting enforcement under the Framework

Decision on financial penalties, and