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Criminal Justice and Immigration Act 2008

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88Procedure on receipt of certificate by clerk of petty sessionsN.I.

This section has no associated Explanatory Notes

(1)This section applies where the [F1Department of Justice] gives the clerk of petty sessions F2... —

[F3(a)a decision, or a certified copy of a decision, requiring payment of a financial penalty,

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

(c)a notice under section 87(4).

(2)The clerk must refer the matter to a magistrates' court F4... .

(3)The magistrates' court must decide [F5

(a)whether it is satisfied that any of the grounds for refusal apply (see section 91(2)).][F6, and

(b)if it is satisfied that none of the grounds for refusal apply, whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016.]

(4)The clerk must inform the [F7Department of Justice] of the decision of the magistrates' court.

[F8(4A)If the magistrates’ court is of the view that one or more of the grounds for refusal mentioned in paragraphs A1, 2A and 6 of Schedule 19 may apply, the designated officer for the magistrates’ court or the Department of Justice must, before the magistrates’ court takes a decision under subsection (3)—

(a)consult the competent authority or central authority concerned, and

(b)request the authority to supply without delay any further information required.]

(5)Subsection (6) applies unless the magistrates' court is satisfied that one or more of the grounds for refusal apply.

(6)[F9 The enactments specified in subsection (6ZA) ] apply in relation to the financial penalty as if it were a sum adjudged to be paid by a conviction of the magistrates' court on the date when the court made the decision mentioned in subsection (4).

[F10(6ZA)The enactments specified in this subsection are—

(a)Part 9 of the Magistrates' Courts (Northern Ireland) Order 1981 and any instrument made under that Part;

(b)Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 and any instrument made under that Chapter.]

[F11(6A)But any power of a magistrates’ court to impose a relevant alternative sanction in connection with a default in paying the financial penalty—

(a)may be exercised only if its exercise is authorised by the certificate, and

(b)is subject to any provision of the certificate specifying the maximum level of sanction that may be imposed.

(6B)“Any power of a magistrates’ court to impose a relevant alternative sanction” means any of the following powers conferred on a magistrates’ court by virtue of subsection (6)—

(a)the power under Article 92(1)(b) or (c) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 12)) to issue a warrant committing a person to prison;

(b)the power under Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9) to make an attendance centre order;

(c)the power under Article 48 of the Criminal Justice (Children) (Northern Ireland) Order 1998 to commit a person aged 16 to 18 to custody in a young offenders’ institution.]

[F12(6C)If the person required to pay the financial penalty to which the certificate relates provides evidence that all or part of the penalty has been paid in any State, the designated officer for the magistrates’ court or the Department of Justice must—

(a)consult the competent authority or central authority concerned, and

(b)request the authority to supply without delay any further information required.]

[F13(7)If—

(a)the certificate requesting enforcement under the Framework Decision on financial penalties states that part of the financial penalty has been paid,

(b)the Department of Justice is informed, in accordance with Article 15(3) of that Decision, that all or part of the financial penalty has been paid, or

(c)the magistrates’ court is satisfied, having regard to evidence provided as mentioned in subsection (6C) and following consultation under that subsection, that all or part of the financial penalty has been paid in any State,

the references in subsections (6) and (6A) to the financial penalty are to be read as references to so much of the penalty as remains unpaid (and, accordingly, if none of the penalty remains unpaid, subsection (6) ceases to have effect in relation to the penalty).]

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Amendments (Textual)

Commencement Information

I1S. 88 in force at 1.10.2009 by S.I. 2009/2606, art. 2(i)

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