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Criminal Justice and Immigration Act 2008

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This is the original version (as it was originally enacted).

Section 91(2)

SCHEDULE 19Grounds for refusal to enforce financial penalties

This schedule has no associated Explanatory Notes

Part 1The grounds for refusal

1A penalty (of any kind) has been imposed on the liable person in respect of the conduct to which the certificate relates under the law of any part of the United Kingdom (whether or not the penalty has been enforced).

2A penalty (of any kind) has been imposed on the liable person in respect of that conduct under the law of any member State, other than the United Kingdom and the issuing State, and that penalty has been enforced.

3(1)The decision was made in respect of conduct—

(a)that is not specified in Part 2 of this Schedule, and

(b)would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part.

(2)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.

4(1)The decision was made in respect of conduct—

(a)that occurred outside the territory of the issuing State, and

(b)would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred outside that part.

(2)In sub-paragraph (1), “the relevant part of the United Kingdom” has the same meaning as in paragraph 3(2).

5The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.

6The certificate does not confirm that—

(a)if the proceedings in which the decision was made were conducted in writing, the liable person was informed of the right to contest the proceedings and of the time limits that applied to the exercise of that right;

(b)if those proceedings provided for a hearing to take place and the liable person did not attend, the liable person was informed of the proceedings or indicated an intention not to contest them.

7(1)The financial penalty is for an amount less than 70 euros.

(2)For the purposes of sub-paragraph (1), if the amount of a financial penalty is specified in a currency other than the euro, that amount must be converted to euros by reference to the London closing exchange rate on the date the decision was made.

(3)The Lord Chancellor may by order substitute a different amount for the amount for the time being specified in sub-paragraph (1).

Part 2European framework list (financial penalties)

8Participation in a criminal organisation.

9Terrorism.

10Trafficking in human beings.

11Sexual exploitation of children and child pornography.

12Illicit trafficking in narcotic drugs and psychotropic substances.

13Illicit trafficking in weapons, munitions and explosives.

14Corruption.

15Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.

16Laundering of the proceeds of crime.

17Counterfeiting currency, including of the euro.

18Computer-related crime.

19Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

20Facilitation of unauthorised entry and residence.

21Murder, grievous bodily injury.

22Illicit trade in human organs and tissue.

23Kidnapping, illegal restraint and hostage-taking.

24Racism and xenophobia.

25Organised or armed robbery.

26Illicit trafficking in cultural goods, including antiques and works of art.

27Swindling.

28Racketeering and extortion.

29Counterfeiting and piracy of products.

30Forgery of administrative documents and trafficking therein.

31Forgery of means of payment.

32Illicit trafficking in hormonal substances and other growth promoters.

33Illicit trafficking in nuclear or radioactive materials.

34Trafficking in stolen vehicles.

35Rape.

36Arson.

37Crimes within the jurisdiction of the International Criminal Court.

38Unlawful seizure of aircraft or ships.

39Sabotage.

40Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.

41Smuggling of goods.

42Infringement of intellectual property rights.

43Threats and acts of violence against persons, including violence during sport events.

44Criminal damage.

45Theft.

46Offences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under the treaty establishing the European Community or under Title VI of the Treaty on European Union.

Part 3Interpretation

47(1)In this Schedule—

(a)“conduct” includes any act or omission;

(b)“liable person” means the person required to pay the financial penalty to which the certificate relates.

(2)If the decision was made in respect of conduct by a person other than the liable person, the references in paragraph 6 to the liable person are to be read as references to that other person.

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