Search Legislation

Criminal Justice and Immigration Act 2008

Changes to legislation:

Criminal Justice and Immigration Act 2008, SCHEDULE 19 is up to date with all changes known to be in force on or before 29 September 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 19:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 91(2)

SCHEDULE 19E+W+N.I.Grounds for refusal to enforce financial penalties

This schedule has no associated Explanatory Notes

Part 1E+W+N.I.The grounds for refusal

[F1A1.E+W+N.I.The certificate is incomplete or obviously does not correspond to the decision.]

1E+W+N.I.A penalty (of any kind) has been imposed on the liable person in respect of the conduct to which the certificate relates under the law of any part of the United Kingdom (whether or not the penalty has been enforced).

Commencement Information

I1Sch. 19 para. 1 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

2E+W+N.I.A penalty (of any kind) has been imposed on the liable person in respect of that conduct under the law of any member State, other than the United Kingdom and the issuing State, and that penalty has been enforced.

Commencement Information

I2Sch. 19 para. 2 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F22A.E+W+N.I.Enforcement of the financial penalty is statute-barred under the law of the relevant part of the United Kingdom and the decision was made in respect of conduct that, under the law of that part of the United Kingdom, falls within its jurisdiction.]

3(1)The decision was made in respect of conduct—E+W+N.I.

(a)that is not specified in Part 2 of this Schedule, and

(b)would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part.

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

Textual Amendments

Commencement Information

I3Sch. 19 para. 3 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F43A.E+W+N.I.The decision was made in respect of conduct—

(a)that occurred in the relevant part of the United Kingdom, and

(b)does not constitute an offence under the law of that part of the United Kingdom.]

4(1)The decision was made in respect of conduct—E+W+N.I.

(a)that occurred outside the territory of the issuing State, and

(b)would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred outside that part.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Sch. 19 para. 4 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

5E+W+N.I.The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.

Commencement Information

I5Sch. 19 para. 5 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F65A.E+W+N.I.It appears that the decision was in fact made for the purpose of punishing the liable person on account of the liable person’s race, ethnic origin, religion, nationality, language, gender, sexual orientation or political opinions.]

[F76(1)The certificate indicates that the proceedings in which the decision was made were conducted in writing but does not confirm that the liable person was informed of—E+W+N.I.

(a)the right to contest the proceedings, and

(b)the time limits that applied to the exercise of that right.

(2)The certificate indicates that the proceedings in which the decision was made provided for a hearing to take place and that the liable person did not attend but does not contain the statement described in—

(a)Article 7(2)(i)(i) (liable person summoned in person or by other means actually notified of scheduled date and place of hearing and informed that decision may be made in his or her absence),

(b)Article 7(2)(i)(ii) (liable person’s defence conducted at hearing by authorised legal representative),

(c)Article 7(2)(i)(iii) (liable person indicated intention not to contest decision or did not exercise right to further hearing or appeal within time limit), or

(d)Article 7(2)(j) (liable person expressly waived right to attend and indicated intention not to contest proceedings).

(3)In this paragraph references to Articles are to Articles of the Framework Decision on financial penalties.]

Textual Amendments

Commencement Information

I6Sch. 19 para. 6 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

7(1)The financial penalty is for an amount less than 70 euros.E+W+N.I.

(2)For the purposes of sub-paragraph (1), if the amount of a financial penalty is specified in a currency other than the euro, that amount must be converted to euros by reference to the London closing exchange rate on the date the decision was made.

(3)The Lord Chancellor may by order substitute a different amount for the amount for the time being specified in sub-paragraph (1).

[F8(4)In the application of this Schedule to Northern Ireland, in sub-paragraph (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.]

Textual Amendments

Commencement Information

I7Sch. 19 para. 7 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

Part 2E+W+N.I.European framework list (financial penalties)

8E+W+N.I.Participation in a criminal organisation.

Commencement Information

I8Sch. 19 para. 8 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

9E+W+N.I.Terrorism.

Commencement Information

I9Sch. 19 para. 9 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

10E+W+N.I.Trafficking in human beings.

Commencement Information

I10Sch. 19 para. 10 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

11E+W+N.I.Sexual exploitation of children and child pornography.

Commencement Information

I11Sch. 19 para. 11 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

12E+W+N.I.Illicit trafficking in narcotic drugs and psychotropic substances.

Commencement Information

I12Sch. 19 para. 12 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

13E+W+N.I.Illicit trafficking in weapons, munitions and explosives.

Commencement Information

I13Sch. 19 para. 13 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

14E+W+N.I.Corruption.

Commencement Information

I14Sch. 19 para. 14 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

15E+W+N.I.Fraud, including that affecting the financial interests of [F9the European Union] within the meaning of the Convention of 26 July 1995 on the protection of [F9the European Union] ' financial interests.

Textual Amendments

Commencement Information

I15Sch. 19 para. 15 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

16E+W+N.I.Laundering of the proceeds of crime.

Commencement Information

I16Sch. 19 para. 16 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

17E+W+N.I.Counterfeiting currency, including of the euro.

Commencement Information

I17Sch. 19 para. 17 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

18E+W+N.I.Computer-related crime.

Commencement Information

I18Sch. 19 para. 18 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

19E+W+N.I.Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

Commencement Information

I19Sch. 19 para. 19 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

20E+W+N.I.Facilitation of unauthorised entry and residence.

Commencement Information

I20Sch. 19 para. 20 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

21E+W+N.I.Murder, grievous bodily injury.

Commencement Information

I21Sch. 19 para. 21 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

22E+W+N.I.Illicit trade in human organs and tissue.

Commencement Information

I22Sch. 19 para. 22 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

23E+W+N.I.Kidnapping, illegal restraint and hostage-taking.

Commencement Information

I23Sch. 19 para. 23 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

24E+W+N.I.Racism and xenophobia.

Commencement Information

I24Sch. 19 para. 24 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

25E+W+N.I.Organised or armed robbery.

Commencement Information

I25Sch. 19 para. 25 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

26E+W+N.I.Illicit trafficking in cultural goods, including antiques and works of art.

Commencement Information

I26Sch. 19 para. 26 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

27E+W+N.I.Swindling.

Commencement Information

I27Sch. 19 para. 27 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

28E+W+N.I.Racketeering and extortion.

Commencement Information

I28Sch. 19 para. 28 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

29E+W+N.I.Counterfeiting and piracy of products.

Commencement Information

I29Sch. 19 para. 29 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

30E+W+N.I.Forgery of administrative documents and trafficking therein.

Commencement Information

I30Sch. 19 para. 30 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

31E+W+N.I.Forgery of means of payment.

Commencement Information

I31Sch. 19 para. 31 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

32E+W+N.I.Illicit trafficking in hormonal substances and other growth promoters.

Commencement Information

I32Sch. 19 para. 32 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

33E+W+N.I.Illicit trafficking in nuclear or radioactive materials.

Commencement Information

I33Sch. 19 para. 33 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

34E+W+N.I.Trafficking in stolen vehicles.

Commencement Information

I34Sch. 19 para. 34 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

35E+W+N.I.Rape.

Commencement Information

I35Sch. 19 para. 35 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

36E+W+N.I.Arson.

Commencement Information

I36Sch. 19 para. 36 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

37E+W+N.I.Crimes within the jurisdiction of the International Criminal Court.

Commencement Information

I37Sch. 19 para. 37 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

38E+W+N.I.Unlawful seizure of aircraft or ships.

Commencement Information

I38Sch. 19 para. 38 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

39E+W+N.I.Sabotage.

Commencement Information

I39Sch. 19 para. 39 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

40E+W+N.I.Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.

Commencement Information

I40Sch. 19 para. 40 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

41E+W+N.I.Smuggling of goods.

Commencement Information

I41Sch. 19 para. 41 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

42E+W+N.I.Infringement of intellectual property rights.

Commencement Information

I42Sch. 19 para. 42 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

43E+W+N.I.Threats and acts of violence against persons, including violence during sport events.

Commencement Information

I43Sch. 19 para. 43 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

44E+W+N.I.Criminal damage.

Commencement Information

I44Sch. 19 para. 44 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

45E+W+N.I.Theft.

Commencement Information

I45Sch. 19 para. 45 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

46E+W+N.I.Offences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted [F10under the Treaty establishing the European Community or Title VI of the Treaty on European Union (as they had effect before 1 December 2009) or under the Treaty on the Functioning of the European Union] .

Textual Amendments

Commencement Information

I46Sch. 19 para. 46 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

Part 3E+W+N.I.Interpretation

47(1)In this Schedule—E+W+N.I.

(a)conduct” includes any act or omission;

(b)liable person” means the person required to pay the financial penalty to which the certificate relates;

[F11(c)“relevant part of the United Kingdom” means—

(i)England and Wales, in the application of this Schedule to England and Wales, and

(ii)Northern Ireland, in the application of this Schedule to Northern Ireland.]

(2)If the decision was made in respect of conduct by a person other than the liable person, the references in paragraph 6 to the liable person are to be read as references to that other person.

Textual Amendments

Commencement Information

I47Sch. 19 para. 47 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources