Part 6 E+W+S+N.I.International co-operation in relation to criminal justice matters

Recognition of financial penalties: requests from other member States E+W+N.I.

87Requests from other member States: Northern IrelandN.I.

(1)This section applies where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the [F1Department of Justice]

[F2(i)a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii)a certificate requesting enforcement under the Framework Decision on financial penalties, and]

(b)the financial penalty is suitable for enforcement in Northern Ireland (see section 91(1)).

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F4... the [F5Department of Justice] must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions F4....

(4)Where the [F6Department of Justice] acts under subsection F7... (3), the [F6Department of Justice] must also give the clerk of petty sessions a notice—

(a)stating whether the [F6Department of Justice] thinks that any of the grounds for refusal apply (see section 91(2)), and

(b)giving reasons for that opinion.

F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and

(b)without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the [F9Department of Justice],

this section applies as if the competent authority or central authority of the other member State gave the documents to the [F9Department of Justice].

[F10(7)Where the documents mentioned in subsection (1)(a) are given to the Department of Justice by the Lord Chancellor under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Department of Justice.]

Annotations:

Amendments (Textual)

Commencement Information

I1S. 87 in force at 1.10.2009 by S.I. 2009/2606, art. 2(h)