8.—(1) Section 88 (procedure on receipt of certificate by clerk of petty sessions) M1 is amended as follows.U.K.
(2) In subsection (1), for paragraphs (a) and (b) substitute—
“(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”.
(3) After subsection (4) insert—
“(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.”.
(4) After subsection (6) insert—
“(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.”.
(5) After subsection (6B) (as inserted by sub-paragraph (4) above) insert—
“(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.”.
(6) For subsection (7) substitute—
“(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).”.
Marginal Citations
M1Section 88 was amended by S.I. 2010/976.