Criminal Justice and Immigration Act 2008 (c. 4)

Part 6 U.K. International co-operation in relation to criminal justice matters

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

90 Transfer of certificates to central authority for Scotland E+W+N.I.

(1) This section applies where—

(a) the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor [F1 or the Department of Justice] —

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

(ii) the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, but

[F2 (b) the financial penalty is not suitable for enforcement in England and Wales or Northern Ireland for the purposes of section 84(1) or 87(1).]

(2) If the certificate states that the person is normally resident or has property or a source of income in Scotland, the [F3 documents must be given to the central authority for Scotland—

(a) in a case to which paragraph 6 of Schedule 18 applies, by the Lord Chancellor;

(b) in a case to which paragraph 7 of Schedule 18 applies, by the Department of Justice;

(c) in any other case, by whoever was given the documents by the competent authority or central authority of the other member State]

Textual Amendments

F1 Words in s. 90(1)(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. 90(a) (with arts. 28-31)

F2 S. 90(1)(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. 90(b) (with arts. 28-31)

F3 Words in s. 90(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. 90(c) (with arts. 28-31)

Commencement Information

I1 S. 90 in force at 1.10.2009 by S.I. 2009/2606, art. 2(k)