Criminal Justice and Immigration Act 2008 (c. 4)

SCHEDULES

Section 91(1)

SCHEDULE 18 E+W+N.I. Penalties suitable for enforcement in England and Wales or Northern Ireland

Person residing in England and Wales E+W+N.I.

1 E+W+N.I. The financial penalty is suitable for enforcement in England and Wales if the certificate states that the person required to pay the penalty is normally resident in England and Wales.

Commencement Information

I1 Sch. 18 para. 1 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person residing in Northern Ireland E+W+N.I.

2 E+W+N.I. The financial penalty is suitable for enforcement in Northern Ireland if the certificate states that the person required to pay the penalty is normally resident in Northern Ireland.

Commencement Information

I2 Sch. 18 para. 2 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in England and Wales E+W+N.I.

3 E+W+N.I. The financial penalty is suitable for enforcement in England and Wales if—

(a) the certificate states that the person required to pay the penalty has property or a source of income in England and Wales, and

(b) the certificate does not state—

(i) that the person has property or a source of income in Northern Ireland or Scotland, or

(ii) that the person is normally resident in the United Kingdom.

Commencement Information

I3 Sch. 18 para. 3 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in Northern Ireland E+W+N.I.

4 E+W+N.I. The financial penalty is suitable for enforcement in Northern Ireland if—

(a) the certificate states that the person required to pay the penalty has property or a source of income in Northern Ireland, and

(b) the certificate does not state—

(i) that the person has property or a source of income in England and Wales or Scotland, or

(ii) that the person is normally resident in the United Kingdom.

Commencement Information

I4 Sch. 18 para. 4 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in England and Wales and Northern Ireland E+W+N.I.

5 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in England and Wales,

(b) the certificate also states that the person has property or a source of income in Northern Ireland, and

(c) the certificate does not state—

(i) that the person has property or a source of income in Scotland, or

(ii) that the person is normally resident in the United Kingdom.

(2) [F1 If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the] financial penalty is suitable for enforcement in England and Wales unless it is suitable for enforcement in Northern Ireland by virtue of sub-paragraph (3).

(3) The financial penalty is suitable for enforcement in Northern Ireland if the Lord Chancellor thinks that it is more appropriate for the penalty to be enforced in Northern Ireland than in England and Wales.

[F2 (4) If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless it is suitable for enforcement in England and Wales by virtue of sub-paragraph (5).

(5) The financial penalty is suitable for enforcement in England and Wales if the Department of Justice thinks that it is more appropriate for the penalty to be enforced in England and Wales than in Northern Ireland.]

Textual Amendments

F1 Words in Sch. 18 para. 5(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(2)(a) (with arts. 28-31)

F2 Sch. 18 para. 5(4)(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(2)(b) (with arts. 28-31)

Commencement Information

I5 Sch. 18 para. 5 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in England and Wales and Scotland E+W+N.I.

6 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in England and Wales,

(b) the certificate also states that the person has property or a source of income in Scotland, and

(c) the certificate does not state—

(i) that the person has property or a source of income in Northern Ireland, or

(ii) that the person is normally resident in the United Kingdom.

(2) The financial penalty is suitable for enforcement in England and Wales unless sub-paragraph (3) [F3 or (4)] applies.

(3) This sub-paragraph applies if—

(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland [F4 or by the Department of Justice under section 90A] ), and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.

[F5 (4) This sub-paragraph applies if—

(a) the Lord Chancellor was given the certificate by the Department of Justice under section 90A,

(b) the Department of Justice was not given the certificate by the central authority for Scotland, and

(c) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.]

Textual Amendments

F3 Words in Sch. 18 para. 6(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(a) (with arts. 28-31)

F4 Words in Sch. 18 para. 6(3)(a) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(b) (with arts. 28-31)

F5 Sch. 18 para. 6(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(c) (with arts. 28-31)

Commencement Information

I6 Sch. 18 para. 6 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in Northern Ireland and Scotland E+W+N.I.

7 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in Northern Ireland,

(b) the certificate also states that the person has property or a source of income in Scotland, and

(c) the certificate does not state —

(i) that the person has property or a source of income in England and Wales, or

(ii) that the person is normally resident in the United Kingdom.

(2) The financial penalty is suitable for enforcement in Northern Ireland unless sub-paragraph (3) [F6 or (4)] applies.

(3) This sub-paragraph applies if—

(a) the [F7 Department of Justice] was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland [F8 or by the Lord Chancellor under section 90A] ), and

(b) the [F7 Department of Justice] thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.

[F9 (4) This sub-paragraph applies if—

(a) the Department of Justice was given the certificate by the Lord Chancellor under section 90A,

(b) the Lord Chancellor was not given the certificate by the central authority for Scotland, and

(c) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.]

Textual Amendments

F6 Words in Sch. 18 para. 7(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(4)(a) (with arts. 28-31)

F7 Words in Sch. 18 para. 7(3)(a) (b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(4)(b) (with arts. 28-31)

F8 Words in Sch. 18 para. 7(3)(a) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(4)(c) (with arts. 28-31)

F9 Sch. 18 para. 7(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(4)(d) (with arts. 28-31)

Commencement Information

I7 Sch. 18 para. 7 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in England and Wales, Scotland and Northern Ireland E+W+N.I.

8 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in Northern Ireland,

(b) the certificate also states that the person has property or a source of income in England and Wales and in Scotland, and

(c) the certificate does not state that the person is normally resident in the United Kingdom.

(2) [F10 If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the] financial penalty is suitable for enforcement in England and Wales unless—

(a) the penalty is suitable for enforcement in Northern Ireland by virtue of sub-paragraph (3) or (4), or

(b) sub-paragraph (5) applies.

(3) The financial penalty is suitable for enforcement in Northern Ireland if—

(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Northern Ireland than in England and Wales or Scotland.

(4) The financial penalty is suitable for enforcement in Northern Ireland if—

(a) the Lord Chancellor was given the certificate by the central authority for Scotland, and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Northern Ireland than in England and Wales.

(5) This sub-paragraph applies if—

(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales or Northern Ireland.

[F11 (6) If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless—

(a) it is suitable for enforcement in England and Wales by virtue of sub-paragraph (7) or (8), or

(b) sub-paragraph (9) applies.

(7) The financial penalty is suitable for enforcement in England and Wales if—

(a) the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland or Scotland.

(8) The financial penalty is suitable for enforcement in England and Wales if—

(a) the Department of Justice was given the certificate by the central authority for Scotland, and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland.

(9) This sub-paragraph applies if—

(a) the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland or England and Wales.]

Textual Amendments

F10 Words in Sch. 18 para. 8(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(5)(a) (with arts. 28-31)

F11 Sch. 18 para. 8(6)-(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(5)(b) (with arts. 28-31)

Commencement Information

I8 Sch. 18 para. 8 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Interpretation E+W+N.I.

9 E+W+N.I. Where the person required to pay the financial penalty is a body corporate, this Schedule applies as if—

(a) the reference in paragraph 1 to the person being normally resident in England and Wales were a reference to the person having its registered office in England and Wales,

(b) the reference in paragraph 2 to the person being normally resident in Northern Ireland were a reference to the person having its registered office in Northern Ireland, and

(c) any reference to the person being normally resident in the United Kingdom were a reference to the person having its registered office in the United Kingdom.

Commencement Information

I9 Sch. 18 para. 9 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)