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The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 1) Order 2014

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Amendment of the Criminal Procedure (Scotland) Act 1995

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4.  After section 223F insert—

223FA    Requests from other member States: procedure where no certificate

(1) Subsection (2) applies where—

(a)a requesting authority has—

(i)given the central authority for Scotland a decision, or a certified copy of a decision, requiring payment of a financial penalty; and

(ii)asked that the decision be enforced in any part of the United Kingdom under the Framework Decision on financial penalties; and

(b)the central authority for Scotland has not been given anything purporting to be a certificate relating to the decision.

(2) The central authority for Scotland must immediately notify the requesting authority that the decision will not be enforced in Scotland unless a certificate relating to the decision is given to the central authority for Scotland.

(3) For the purpose of this section, a requesting authority is to be treated as having given a decision, or a certified copy of a decision, requiring payment of a financial penalty to the central authority for Scotland if—

(a)the requesting authority gave the decision, or the certified copy, to—

(i)the central authority for England and Wales; or

(ii)the central authority for Northern Ireland; and

(b)the central authority given the decision, or the certified copy, by the requesting authority—

(i)has not taken any action to enforce the financial penalty; and

(ii)has given the decision, or the certified copy, to the central authority for Scotland.

(4) In this section, “requesting authority” means the competent authority, or central authority, of a member State other than the United Kingdom..

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