Criminal Justice and Immigration Act 2008

Criminal Justice and Immigration Act 2008

2008 CHAPTER 4

The Act

Commentary on Sections

Part 6: International co-operation in relation to criminal matters

Section 80: Requests to other member States: England and Wales

543. This section is concerned with requests made to other Member States for enforcement of financial penalties imposed in England and Wales. It firstly amends Schedule 5 to the Courts Act 2003, which is concerned with the powers of the courts and fines officers to enforce fines, costs and compensation. Subsection (1) adds the issue of a certificate requesting enforcement under the Council Framework Decision to the steps which can be taken against a defaulter regarding a financial penalty within the meaning of this section. This step is only available where the defaulter is normally resident, or has property or income, in another Member State.

544. Subsection (2) allows a certificate requesting enforcement of a financial penalty under the Council Framework Decision to be issued by a designated officer of a magistrates’ court in circumstances not covered by Schedule 5 to the Courts Act 2003. This would be the case where the offender is under 18 years of age or a legal person. It is a condition that the penalty has not been paid in full within the time allowed and that there is no appeal outstanding.

545. Subsection (3) describes the circumstances in which it is considered that no appeal is outstanding for the purposes of subsection (2)(c).

546. Subsection (4) provides that in the case of corporate bodies, subsection (2)(e) applies as if references to the offender normally being resident in another Member State were to the corporate body having its registered office in a Member State other than the UK.

547. Subsection (5) defines “financial penalty” for the purposes of this section.