Criminal Procedure (Scotland) Act 1995 (c. 46)

SCHEDULES

[F1 SCHEDULE 12 S GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES

Textual Amendments

F1 Sch. 12 inserted (12.10.2009) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342), art. 8 (with art. 2)

PART 1 S THE GROUNDS FOR REFUSAL

[F2 6A. (1) The certificate— S

(a) indicates that the decision is neither the result of—

(i) proceedings conducted in writing; nor

(ii) a trial at which the liable person appeared in person; and

(b) does not state that something which is described in paragraph (i) or (j) of Article 7(2) of the Framework Decision happened.

(2) In sub-paragraph (1), “the Framework Decision” means Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties as amended by Council Framework Decision 2009/299/JHA.]]

Textual Amendments

F2 Sch. 12 paras. 6, 6A substituted for Sch. 12 para. 6 (1.12.2014) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014 (S.S.I. 2014/336), arts. 1, 5