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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters

57

 

79      

Procedure on issue of certificate: England and Wales

(1)   

This section applies where—

(a)   

a magistrates’ court or a fines officer has, under paragraph 39(3)(b) or

40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate

requesting enforcement under the Framework Decision on financial

5

penalties, or

(b)   

the designated officer for a magistrates’ court has issued such a

certificate under section 78(2) of this Act.

(2)   

The fines officer (in the case of a certificate issued by the officer) or the

designated officer for the magistrates’ court (in any other case) must give the

10

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

15

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 England and Wales except

in accordance with provision made by order by the Lord Chancellor.

20

(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.

80      

Requests to other member States: Northern Ireland

25

(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,

30

(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

35

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.

40

(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.

45

(4)   

In this section—

 
 

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters

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(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 a person’s

5

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)

10

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 sum payable by virtue of Article 35 of the Criminal Justice

(Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I.

15

9) (orders requiring parents to pay fines etc.);

(v)   

any fine or other sum mentioned in section 78(5)(a) to (e), 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.

20

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

(vi)   

any other financial penalty, within the meaning of the

Framework Decision on financial penalties, specified in an

order made by the Lord Chancellor.

81      

Procedure on issue of certificate: Northern Ireland

25

(1)   

This section applies where a designated officer has issued a certificate under

section 80(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

30

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

35

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

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in which the person appears to have its registered office.

Recognition of financial penalties: requests from other member States

82      

Requests from other member States: England and Wales

(1)   

This section applies where—

 
 

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

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(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

(ii)   

the decision, or a certified copy of the decision, requiring

5

payment of the financial penalty to which the certificate relates,

and

(b)   

the financial penalty is suitable for enforcement in England and Wales

(see section 89(1)).

(2)   

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

10

normally resident in England and Wales, the Lord Chancellor must give the

documents mentioned in subsection (1)(a) to the designated officer for the local

justice area 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 designated officer for such local justice area as appears

15

appropriate.

(4)   

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

Chancellor must also give the designated officer a notice—

(a)   

stating whether the Lord Chancellor thinks that any of the grounds for

refusal apply (see section 89(2)), and

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(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 local justice area in which it

appears that the person is normally resident were a reference to the local justice

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

25

(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)(a), and

(b)   

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

30

the central authority for Scotland gives the documents to the Lord

Chancellor,

   

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

other member State gave the documents to the Lord Chancellor.

83      

Procedure on receipt of certificate by designated officer

35

(1)   

This section applies where the Lord Chancellor gives the designated officer for

a local justice area—

(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

40

the financial penalty to which the certificate relates, and

(c)   

a notice under section 82(4).

(2)   

The designated officer must refer the matter to a magistrates’ court acting for

that area.

(3)   

The magistrates’ court must decide whether it is satisfied that any of the

45

grounds for refusal apply (see section 89(2)).

 
 

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

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(4)   

The designated officer 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.

(6)   

The enactments specified in subsection (7) apply in relation to the financial

5

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)   

The enactments specified in this subsection are—

(a)   

Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and

10

enforcement);

(b)   

Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc.

and discharge of fines etc. by unpaid work);

(c)   

any subordinate legislation (within the meaning of the Interpretation

Act 1978 (c. 30)) made under the enactments specified in paragraphs (a)

15

and (b).

(8)   

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.

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84      

Modification of Magistrates’ Courts Act 1980

(1)   

Section 90 of the Magistrates’ Courts Act 1980 is modified as follows in its

application to financial penalties by virtue of section 83(6) of this Act.

(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

25

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

30

notify the Lord Chancellor.”

85      

Requests from other member States: Northern Ireland

(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—

35

(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,

and

40

(b)   

the financial penalty is suitable for enforcement in Northern Ireland

(see section 89(1)).

(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

 
 

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

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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.

5

(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 89(2)), and

(b)   

giving reasons for that opinion.

10

(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—

15

(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)(a), and

(b)   

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

the central authority for Scotland gives the documents to the Lord

20

Chancellor,

   

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

other member State gave the documents to the Lord Chancellor.

86      

Procedure on receipt of certificate by clerk of petty sessions

(1)   

This section applies where the Lord Chancellor gives the clerk of petty sessions

25

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

30

(c)   

a notice under section 85(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 89(2)).

35

(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.

(6)   

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

40

(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).

 
 

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

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(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.

87      

Modification of Magistrates’ Courts (Northern Ireland) Order 1981

5

(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 86(6) of this

Act.

(2)   

Article 92 applies in relation to any financial penalty for an amount exceeding

£20,000 as if for paragraph (5) there were substituted—

10

    “(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

15

imposed by the Crown Court.”

(3)   

For the purposes of subsection (2), if the amount of a financial penalty is

specified in a currency other than sterling, that amount must be converted to

sterling by reference to the London closing exchange rate on the relevant date.

(4)   

In subsection (3), the “relevant date” means the date on which the decision

20

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—

25

(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.”

88      

Transfer of certificates to central authority for Scotland

30

(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

35

(ii)   

the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

but

(b)   

the Lord Chancellor is not required by section 82 or 85 to give the

documents to a designated officer for a local justice area in England and

40

Wales or to a clerk of petty sessions for a petty sessions district in

Northern Ireland.

(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.

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