|
| |
|
Recognition of financial penalties: miscellaneous |
| |
89 | Recognition of financial penalties: general |
| |
(1) | Schedule 18 specifies when a financial penalty is suitable for enforcement in |
| |
England and Wales for the purposes of section 82(1) and when a financial |
| |
penalty is suitable for enforcement in Northern Ireland for the purposes of |
| 5 |
| |
(2) | Schedule 19 specifies the grounds for refusal for the purposes of sections |
| |
82(4)(a), 83(3) and (5), 85(4)(a) and 86(3) and (5). |
| |
(3) | The Lord Chancellor may by order make further provision for or in connection |
| |
with giving effect to the Framework Decision on financial penalties. |
| 10 |
(4) | An order under section 79(4), 81(4) or subsection (3) of this section may in |
| |
particular modify, amend, repeal or revoke any provision of— |
| |
(a) | any Act (including this Act and any Act passed in the same Session as |
| |
| |
(b) | subordinate legislation (within the meaning of the Interpretation Act |
| 15 |
1978 (c. 30)) made before the passing of this Act; |
| |
(c) | Northern Ireland legislation passed, or made, before the passing of this |
| |
| |
(d) | any instrument made, before the passing of this Act, under Northern |
| |
| 20 |
90 | Interpretation of sections 78 to 89 etc. |
| |
(1) | In sections 78 to 89 and Schedules 18 and 19— |
| |
“central authority”, in relation to a member State other than the United |
| |
Kingdom, means an authority designated by the State as a central |
| |
authority for the purposes of the Framework Decision on financial |
| 25 |
| |
“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 |
| 30 |
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 |
| |
| |
“the Framework Decision on financial penalties” means the Framework |
| 35 |
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 82 to 89 and Schedules 18 and 19— |
| |
“decision” has the meaning given by Article 1 of the Framework Decision |
| 40 |
on financial penalties (except in sections 83(4) and 86(4)); |
| |
“financial penalty” has the meaning given by that Article. |
| |
(3) | References in sections 78 to 89 to a certificate requesting enforcement under the |
| |
Framework Decision on financial penalties are references to such a certificate |
| |
as is provided for by Article 4 of that Decision. |
| 45 |
|
| |
|
| |
|
Repatriation of prisoners |
| |
91 | Delivery of prisoner to place abroad for purposes of transfer out of the United |
| |
| |
In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of |
| |
the UK), for subsection (1) substitute— |
| 5 |
“(1) | The effect of a warrant under section 1 providing for the transfer of the |
| |
prisoner out of the United Kingdom shall be to authorise— |
| |
(a) | the taking of the prisoner to any place in any part of the United |
| |
Kingdom, his delivery at a place of departure from the United |
| |
Kingdom into the custody of an appropriate person and his |
| 10 |
removal by that person from the United Kingdom to a place |
| |
outside the United Kingdom; or |
| |
(b) | the taking of the prisoner to any place in any part of the United |
| |
Kingdom, his removal from the United Kingdom and his |
| |
delivery, at the place of arrival from the United Kingdom, into |
| 15 |
the custody of an appropriate person. |
| |
(1A) | In subsection (1) “appropriate person” means a person representing the |
| |
appropriate authority of the country or territory to which the prisoner |
| |
| |
92 | Issue of warrant transferring responsibility for detention and release of an |
| 20 |
offender to or from the relevant Minister |
| |
After section 4 of the Repatriation of Prisoners Act 1984 (transfer into the |
| |
| |
“Transfer of responsibility for detention and release of offender present outside the |
| |
country or territory in which he is required to be detained |
| 25 |
4A | Issue of warrant transferring responsibility for detention and release |
| |
| |
(1) | This section enables responsibility for the detention and release of a |
| |
person to whom subsection (2) or (3) applies to be transferred between |
| |
the relevant Minister in the United Kingdom and the appropriate |
| 30 |
authority in a country or territory outside the British Islands. |
| |
(2) | A person falls within this subsection if that person— |
| |
(a) | is a person to whom section 1(7) applies by virtue of— |
| |
(i) | an order made in the course of the exercise by a court or |
| |
tribunal in any part of the United Kingdom of its |
| 35 |
criminal jurisdiction; or |
| |
(ii) | any of the provisions of this Act or any similar |
| |
provisions of the law of any part of the United Kingdom; |
| |
| |
(b) | is present in a country or territory outside the British Islands. |
| 40 |
(3) | A person falls within this subsection if that person— |
| |
(a) | is a person to whom section 1(7) applies by virtue of — |
| |
|
| |
|
| |
|
(i) | an order made in the course of the exercise by a court or |
| |
tribunal in a country or territory outside the British |
| |
Islands of its criminal jurisdiction; or |
| |
(ii) | any provisions of the law of such a country or territory |
| |
which are similar to any of the provisions of this Act; |
| 5 |
| |
(b) | is present in the United Kingdom. |
| |
(4) | Terms used in subsection (2)(a) and (3)(a) have the same meaning as in |
| |
| |
(5) | Subject to the following provisions of this section, where— |
| 10 |
(a) | the United Kingdom is a party to international arrangements |
| |
providing for the transfer between the United Kingdom and a |
| |
country or territory outside the British Islands of responsibility |
| |
for the detention and release of persons to whom subsection (2) |
| |
| 15 |
(b) | the relevant Minister and the appropriate authority of that |
| |
country or territory have each agreed to the transfer under those |
| |
arrangements of responsibility for the detention and release of |
| |
a particular person to whom subsection (2) or (3) applies (in this |
| |
Act referred to as “the relevant person”), and |
| 20 |
(c) | in a case in which the terms of those arrangements provide for |
| |
the transfer of responsibility to take place only with the relevant |
| |
person’s consent, that consent has been given, |
| |
| the relevant Minister shall issue a warrant providing for the transfer of |
| |
responsibility for the detention and release of the relevant person from |
| 25 |
that Minister (where subsection (2) applies) or to that Minister (where |
| |
| |
(6) | The relevant Minister shall not issue a warrant under this section |
| |
providing for the transfer of responsibility for the detention and release |
| |
of a person to the relevant Minister unless— |
| 30 |
(a) | that person is a British citizen; |
| |
(b) | the transfer appears to the relevant Minister to be appropriate |
| |
having regard to any close ties which that person has with the |
| |
| |
(7) | The relevant Minister shall not issue a warrant under this section |
| 35 |
where, after the duty in subsection (5) has arisen, circumstances arise or |
| |
are brought to his attention which in his opinion make it inappropriate |
| |
that the transfer of responsibility should take place. |
| |
(8) | The relevant Minister shall not issue a warrant under this section (other |
| |
than one superseding an earlier warrant) unless he is satisfied that all |
| 40 |
reasonable steps have been taken to inform the relevant person in |
| |
writing in his own language— |
| |
(a) | of the substance, so far as relevant to the case, of the |
| |
international arrangements in accordance with which it is |
| |
proposed to transfer responsibility for his detention and release; |
| 45 |
(b) | of the effect in relation to the relevant person of the warrant |
| |
which it is proposed to issue under this section; |
| |
(c) | in the case of a person to whom subsection (2) applies, of the |
| |
effect in relation to his case of so much of the law of the country |
| |
or territory concerned as has effect with respect to transfers |
| 50 |
|
| |
|
| |
|
under those arrangements of responsibility for his detention |
| |
| |
(d) | in the case of a person to whom subsection (3) applies, of the |
| |
effect in relation to his case of the law relating to his detention |
| |
under that warrant and subsequent release (including the effect |
| 5 |
of any enactment or instrument under which he may be |
| |
released earlier than provided for by the terms of the warrant); |
| |
| |
(e) | of the powers of the relevant Minister under section 6; |
| |
| and the relevant Minister shall not issue a warrant superseding an |
| 10 |
earlier warrant under this section unless the requirements of this |
| |
subsection were fulfilled in relation to the earlier warrant. |
| |
(9) | A consent given for the purposes of subsection (5)(c) shall not be |
| |
capable of being withdrawn after a warrant under this section has been |
| |
issued in respect of the relevant person; and, accordingly, a purported |
| 15 |
withdrawal of that consent after that time shall not affect the validity of |
| |
the warrant, or of any provision which by virtue of section 6 |
| |
subsequently supersedes provisions of that warrant, or of any direction |
| |
given in relation to the prisoner under section 4B(3). |
| |
(10) | In this section “relevant Minister” means— |
| 20 |
(a) | the Scottish Ministers in a case where the person who is the |
| |
subject of the proposed transfer of responsibility is— |
| |
(i) | a person to whom subsection (2) applies who is for the |
| |
time being required to be detained at a place in Scotland; |
| |
| 25 |
(ii) | a person to whom subsection (3) applies, if it is proposed |
| |
that he will be detained at a place in Scotland; |
| |
(b) | the Secretary of State, in any other case. |
| |
4B | Transfer of responsibility from the United Kingdom |
| |
(1) | The effect of a warrant under section 4A relating to a person to whom |
| 30 |
subsection (2) of that section applies shall be to transfer responsibility |
| |
for the detention and release of that person from the relevant Minister |
| |
(as defined in section 4A(10)) to the appropriate authority of the |
| |
country or territory in which he is present. |
| |
(2) | Subject to subsections (3) to (6), the order by virtue of which the |
| 35 |
relevant person is required to be detained at the time such a warrant is |
| |
issued in respect of him shall continue to have effect after the transfer |
| |
of responsibility so as to apply to him if he comes to be in the United |
| |
Kingdom at any time when under that order he is to be, or may be, |
| |
| 40 |
(3) | If, at any time after the transfer of responsibility, it appears to the |
| |
relevant Minister appropriate to do so in order that effect may be given |
| |
to the international arrangements in accordance with which the |
| |
transfer took place, the relevant Minister may give a direction— |
| |
(a) | varying the order referred to in subsection (2); or |
| 45 |
(b) | providing for the order to cease to have effect. |
| |
(4) | In subsection (3) “relevant Minister” means— |
| |
|
| |
|
| |
|
(a) | the Scottish Ministers, where Scotland is the part of the United |
| |
Kingdom in which the order referred to in subsection (2) has |
| |
| |
(b) | the Secretary of State in any other case. |
| |
(5) | The power by direction under subsection (3) to vary the order referred |
| 5 |
to in subsection (2) includes power by direction— |
| |
(a) | to provide for how any period during which the detention and |
| |
release of the relevant person is, by virtue of a warrant under |
| |
section 4A, the responsibility of a country or territory outside |
| |
the United Kingdom is to be treated for the purposes of the |
| 10 |
| |
(b) | to provide for the relevant person to be treated as having been |
| |
released or discharged as mentioned in any paragraph of |
| |
| |
(6) | Except in relation to any period during which a restriction order is in |
| 15 |
force in respect of the relevant person, subsection (2) shall not apply in |
| |
relation to a hospital order; and, accordingly, a hospital order shall |
| |
cease to have effect in relation to that person— |
| |
(a) | at the time of the transfer of responsibility, if no restriction order |
| |
is in force in respect of him at that time; and |
| 20 |
(b) | if at that time a restriction order is in force in respect of him, as |
| |
soon after the transfer of responsibility as the restriction order |
| |
| |
(7) | In subsection (6) “hospital order” and “restriction order” have the same |
| |
meaning as in section 2(6). |
| 25 |
(8) | References in this section to the order by virtue of which a person is |
| |
required to be detained at the time a warrant under section 4A is issued |
| |
in respect of him include references to any order by virtue of which he |
| |
is required to be detained after the order by virtue of which he is |
| |
required to be detained at that time ceases to have effect. |
| 30 |
4C | Transfer of responsibility to the United Kingdom |
| |
(1) | The effect of a warrant under section 4A relating to a person to whom |
| |
subsection (3) of that section applies shall be to transfer responsibility |
| |
for the detention and release of that person to the relevant Minister (as |
| |
defined in section 4A(10)) and to authorise— |
| 35 |
(a) | the taking of that person in custody to such place in any part of |
| |
the United Kingdom as may be specified in the warrant, being |
| |
a place at which effect may be given to the provisions contained |
| |
in the warrant by virtue of paragraph (b); and |
| |
(b) | the detention of that person in any part of the United Kingdom |
| 40 |
in accordance with such provisions as may be contained in the |
| |
warrant, being provisions appearing to the relevant Minister to |
| |
be appropriate for giving effect to the international |
| |
arrangements in accordance with which responsibility for that |
| |
| 45 |
(2) | A provision shall not be contained by virtue of subsection (1)(b) in a |
| |
warrant under section 4A unless it satisfies the following two |
| |
conditions, that is to say— |
| |
|
| |
|
| |
|
(a) | it is a provision with respect to the detention of a person in a |
| |
prison, a hospital or any other institution; and |
| |
(b) | it is a provision which at the time the warrant is issued may be |
| |
contained in an order made either— |
| |
(i) | in the course of the exercise of its criminal jurisdiction by |
| 5 |
a court in the part of the United Kingdom in which the |
| |
person is to be detained; or |
| |
(ii) | otherwise than by a court but for the purpose of giving |
| |
effect to an order made as mentioned in sub-paragraph |
| |
| 10 |
(3) | Section 3(3) applies for determining for the purposes of paragraph (b) |
| |
of subsection (1) above what provisions are appropriate for giving |
| |
effect to the international arrangements mentioned in that paragraph in |
| |
a relevant person’s case as it applies for the purposes of section 3(1)(c) |
| |
in the case of a prisoner who is to be transferred into the United |
| 15 |
| |
(4) | Subject to subsection (6) and Part 2 of the Schedule to this Act, a |
| |
provision contained by virtue of subsection (1)(b) in a warrant under |
| |
section 4A shall for all purposes have the same effect as the same |
| |
provision contained in an order made as mentioned in sub-paragraph |
| 20 |
(i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b). |
| |
(5) | A provision contained by virtue of subsection (1)(b) in a warrant under |
| |
section 4A shall take effect with the delivery of the relevant person to |
| |
the place specified in the warrant for the purposes of subsection (1)(a). |
| |
(6) | Subsection (4) shall not confer any right of appeal on the relevant |
| 25 |
person against provisions contained by virtue of subsection (1)(b) in a |
| |
warrant under this section. |
| |
(7) | Part 2 of the Schedule to this Act shall have effect with respect to the |
| |
operation of certain enactments in relation to provisions contained by |
| |
virtue of subsection (1)(b) in a warrant under section 4A. |
| 30 |
(8) | For the purposes of determining whether at any particular time any |
| |
such order as is mentioned in subsection (2)(b) could have been made |
| |
as so mentioned, there shall be disregarded both— |
| |
(a) | any requirement that certain conditions must be satisfied before |
| |
| 35 |
(b) | any restriction on the minimum period in respect of which the |
| |
| |
93 | Powers to arrest and detain persons believed to fall within section 4A(3) of the |
| |
Repatriation of Prisoners Act 1984 |
| |
After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by |
| 40 |
|
| |
|
| |
|
| |
“Persons believed to fall within section 4A(3): powers of arrest and detention |
| |
4D | Arrest and detention with a view to establishing whether a person |
| |
falls within section 4A(3) etc. |
| |
(1) | The Secretary of State or the Scottish Ministers may issue a certificate |
| 5 |
stating that the issuing authority— |
| |
(a) | considers that there are reasonable grounds for believing that a |
| |
person in the United Kingdom is a person falling within section |
| |
| |
(b) | has requested written confirmation from the country or |
| 10 |
territory concerned of the details of that person’s case. |
| |
(2) | The issuing authority may send the certificate (with any other |
| |
documents appearing to the authority to be relevant) to the appropriate |
| |
judge with a view to obtaining the issue of a warrant under subsection |
| |
| 15 |
(3) | The appropriate judge may, on receiving the certificate, issue a warrant |
| |
for the arrest of the person concerned if the judge is satisfied that there |
| |
are reasonable grounds for believing that the person falls within section |
| |
| |
(4) | The warrant may be executed anywhere in the United Kingdom by any |
| 20 |
designated person (and it is immaterial whether or not he is in |
| |
possession of the warrant or a copy of it). |
| |
(5) | A person arrested under this section shall, as soon as is practicable— |
| |
(a) | be given a copy of the warrant for his arrest; and |
| |
(b) | be brought before the appropriate judge. |
| 25 |
(6) | The appropriate judge may order that a person before him who is the |
| |
subject of a certificate under this section is to be detained from the time |
| |
the order is made until the end of the period of seven days beginning |
| |
with the day after that on which the order is made. |
| |
(7) | The purpose of an order under subsection (6) is to secure the detention |
| 30 |
of the person concerned while— |
| |
(a) | written confirmation is obtained from a representative of the |
| |
country or territory concerned of the details of his case; |
| |
(b) | it is established whether he is a person falling within section |
| |
| 35 |
(c) | any application for an order under section 4E(6) is made in |
| |
| |
(8) | Subject to subsection (9), a person detained under such an order may be |
| |
released at any time during the period mentioned in subsection (6) and |
| |
shall be released at the end of that period (if not released sooner). |
| 40 |
(9) | Subsection (8) ceases to apply to the detained person if, during that |
| |
period, an order under section 4E is made in respect of him. |
| |
(10) | It is immaterial for the purposes of subsection (6) whether or not the |
| |
person concerned has previously been arrested under this section. |
| |
|
| |
|