PART 1 General

Citation and commencement

1. These Regulations—

(a) may be cited as the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014; and

(b) come into force on the day after the day on which they are made.

^F1 PART 2 Proceeds of Crime (Foreign Property and Foreign Orders)

^F1 CHAPTER 1 General

Extent

^F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

^F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments

^F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1 CHAPTER 2 England and Wales

Interpretation

^F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic restraint orders: certification

^F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sending domestic restraint orders and certificates overseas

^F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sending overseas restraint orders to the court

^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving effect to overseas restraint orders

^F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration and enforcement of overseas restraint orders

^F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic confiscation orders: certification

^F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sending domestic confiscation orders and certificates overseas

^F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sending overseas confiscation orders to the court

^F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving effect to overseas confiscation orders

^F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration and enforcement of overseas confiscation orders

^F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1 CHAPTER 3 Scotland

Provision in relation to the proceeds of crime as respects Scotland

^F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1 CHAPTER 4 Northern Ireland

Provision in relation to the proceeds of crime in relation to Northern Ireland

^F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1 CHAPTER 5 Notification, communication etc. , and application to saved orders

Notification, communication etc.

^F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1 England and Wales

Saved restraint orders

^F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saved confiscation orders

^F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1 Scotland

Saved restraint orders

^F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saved confiscation orders

^F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1 Northern Ireland

Saved restraint orders

^F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saved confiscation orders

^F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Mutual Recognition of Financial Penalties

Extent

25. Any amendment or repeal made by Schedule 3 (mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008) has the same extent as the enactment to which it relates, except that the amendment made by paragraph 9(2) of that Schedule extends to England and Wales and Northern Ireland.

Mutual recognition of financial penalties

^M426. Schedule 3 amends provisions of the Criminal Justice and Immigration Act 2008 relating to mutual recognition of financial penalties.

^F2 PART 4 Data Protection in relation to Police and Judicial Cooperation in Criminal Matters

^F2 CHAPTER 1 General

Interpretation

^F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scope

^F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2 CHAPTER 2 Duties of competent authorities and rights of data subjects

Duties of competent authorities

^F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Principles of lawfulness, proportionality and purpose

^F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rectification, erasure and blocking

^F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Establishment of time limits for erasure and review

^F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Processing of sensitive personal data

^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Automated individual decisions

^F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Verification of quality of data that are transmitted or made available

^F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limits

^F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Logging and documentation

^F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Processing of personal data received from or made available by an authority in another Member State

^F238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance with national processing restrictions

^F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer to competent authorities in third countries or to international bodies

^F240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transmission to private parties

^F241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information on request of the competent authority

^F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information for the data subject

^F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right of access

^F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to compensation

^F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confidentiality of processing

^F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security of processing

^F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prior consultation

^F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2 CHAPTER 3 Miscellaneous

Unlawful obtaining etc. of personal data within the scope of this Part

^F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of the Data Protection Act 1998

^F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other functions of the Commissioner

^F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential provisions

^F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3 PART 5 Exchange of Information and Intelligence between Law Enforcement Authorities

Interpretation

^F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to provide information or intelligence

^F354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limits

^F355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requests for information or intelligence

^F356. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Spontaneous exchange of information or intelligence

^F357. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements for the sharing of information or intelligence

^F358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reasons to withhold information or intelligence

^F359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circulars

^F360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint investigation teams

^F361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F4 PART 6 Exchange of Information Relating to Criminal Convictions

Interpretation

^F462. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designation as a “central authority”

^F463. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligations upon conviction of a national of a member State

^F464. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision

^F465. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requests for information under Article 6 of the Framework Decision for the purposes of criminal proceedings, other purposes and by a person

^F466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replies to a request for information under Article 6 of the Framework Decision in relation to criminal proceedings and proceedings other than criminal proceedings

^F467. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replies to a request for information under Article 6 of the Framework Decision by a third country

^F468. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replies to a request for information under Article 6 of the Framework Decision to a central authority of a member State other than the member State of the person's nationality

^F469. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of reply to a request for information under Article 6 of the Framework Decision

^F470. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deadlines for replies to a request for information under Article 6 of the Framework Decision

^F471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions for the use of personal data

^F472. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Format and other ways of organising and facilitating exchanges of information on convictions

^F473. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further rules relating to the format of transmission of information: legal classification, etc

^F474. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 PART 7 European Supervision Order

^F5 CHAPTER 1 Extent

Extent

^F575. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 CHAPTER 2 European supervision orders: England and Wales

Interpretation

^F576. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 Recognition of supervision measures: requests to other member States

Requests to other member States for monitoring supervision measures

^F577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements that may be imposed in connection with a request

^F578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of request

^F579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to withdraw certificate

^F580. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties where measures being monitored by executing State

^F581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Request to extend maximum period for which measures may be monitored

^F582. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court becoming responsible again for monitoring measures

^F583. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation and exchange of information

^F584. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 Recognition of supervision measures: requests from other member States

Requests from other member States for monitoring supervision measures

^F585. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedural requirements relating to decision under regulation 85(4)

^F586. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adaptation of supervision measures

^F587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of decision on supervision measures

^F588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of court responsible for monitoring supervision measures

^F589. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to stop monitoring where no response to notification of breach

^F590. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of arrest where magistrates' court responsible for monitoring supervision measures

^F591. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renewal or modification of supervision measures which are being monitored

^F592. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court ceasing to be responsible for monitoring measures

^F593. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation and exchange of information

^F594. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 CHAPTER 3 European supervision orders: Northern Ireland

Interpretation

^F595. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 Recognition of supervision measures: requests to other member States

Requests to other member States for monitoring supervision measures

^F596. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements that may be imposed in connection with a request

^F597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of request

^F598. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to withdraw certificate

^F599. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties where measures being monitored by executing State

^F5100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Request to extend maximum period for which measures may be monitored

^F5101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court becoming responsible again for monitoring measures

^F5102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation and exchange of information

^F5103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 Recognition of supervision measures: requests from other member States

Requests from other member States for monitoring supervision measures

^F5104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedural requirements relating to decision under regulation 104(4)

^F5105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adaptation of supervision measures

^F5106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of recognition of decision on supervision measures

^F5107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of court responsible for monitoring supervision measures

^F5108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to stop monitoring where no response to notification of breach

^F5109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of arrest where magistrates' court responsible for monitoring supervision measures

^F5110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renewal or modification of supervision measures which are being monitored

^F5111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court ceasing to be responsible for monitoring measures

^F5112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation and exchange of information

^F5113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 8 Prisoner Transfer

Transfer of prisoners

^M5114. —(1)The Repatriation of Prisoners Act 1984 is amended as follows.

^M6 (2) In section 3A (prosecution of other offences), in subsections (1)(a) and (3)(d) (in both places), for “Great Britain” substitute “ the United Kingdom ” .

^M7 (3) In section 6A (transit)—

(a) in subsections (1)(b) and (3)(b), for “Great Britain” substitute “ the United Kingdom ” ;

(b) in subsection (6), for “Great Britain” substitute “ the United Kingdom ” ;

(c) in subsection (7), for “Great Britain” substitute “ the United Kingdom ” ;

(d) in subsection (9)—

(i) in paragraph (a)(ii), for “Great Britain” substitute “ the United Kingdom ” ;

(ii) after paragraph (a) insert—

“ (aa) the Department of Justice in Northern Ireland, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—

(i) be present only in Northern Ireland, or

(ii) arrive in Northern Ireland before being taken to another part of the United Kingdom; ” ;

(e) in subsection (10) for “Great Britain”, in both places, substitute “ the United Kingdom ” .

(4) In section 6B (transit: supplementary), in subsections (4) and (11)(a) (in both places), for “Great Britain” substitute “ the United Kingdom ” .

(5) For section 6C substitute—

“ 6C Transit through different parts of the United Kingdom

(1) Where—

(a) a transit order is issued by the Minister for one part of the United Kingdom (“jurisdiction A”), and

(b) it is proposed that the person who is the subject of the order will whilst in transit be taken to another part of the United Kingdom (“jurisdiction B”),

the Minister for jurisdiction A must notify the Minister for jurisdiction B.

(2) Notification need not be given where the Minister for jurisdiction B has agreed in writing to the transit order.

(3) Unless the Minister for jurisdiction B agrees in writing to the transit order, the order authorises the detention of the person subject to it in jurisdiction A only.

(4) But where the person escapes or is unlawfully at large, the order also authorises—

(a) the arrest of the person under section 6B(5) in a part of the United Kingdom other than jurisdiction A, and

(b) the detention of the person in that part by a constable (within the meaning of that section) for the purpose of taking the person to jurisdiction A.

(5) For the purposes of this section—

(a) the Minister for England and Wales, is the Secretary of State,

(b) the Minister for Scotland is the Scottish Ministers, and

(c) the Minister for Northern Ireland is the Department of Justice in Northern Ireland. ”

(6) In section 6D (transit: unscheduled arrivals), in subsections (1)(c), (2), (3) (in both places) and (4), for “Great Britain” substitute “ the United Kingdom ” .

^M8 (7) In section 8 (interpretation and certificates) —

(a) in subsection (1), omit the definition of “international arrangements”, and

(b) after subsection (2) insert—

“ (2A) In this Act—

(a) “ international arrangements ” includes any arrangements between the United Kingdom and a British overseas territory, and

(b) references to a country or territory being a party to international arrangements include references to the country or territory being required to comply with provisions of a Framework Decision of the Council of the European Union (and references to international arrangements are to be construed accordingly). ” .

^M9 (8) In section 9 (short title, commencement and extent)—

(a) in subsection (3), omit “Subject to subsection (3A)”;

(b) omit subsection (3A).

Regulation 16

^F6 SCHEDULE 1 Proceeds of Crime (Foreign Property and Foreign Orders): Scotland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 17

^F7 SCHEDULE 2 Proceeds of Crime (Foreign Property and Foreign Orders): Northern Ireland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 26

SCHEDULE 3 Mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008

1. The Criminal Justice and Immigration Act 2008 is amended as follows.

2. —(1)Section 81 (procedure on issue of certificate: England and Wales) is amended as follows.

(2) In subsection (2), for the words from “fines” to “other case)” substitute “ the relevant officer ” .

(3) After subsection (2) insert—

“ (2A) The “ relevant officer ” means—

(a) the fines officer (in the case of a certificate issued by the officer), or

(b) the designated officer for the magistrates' court (in any other case). ” .

(4) For subsection (4) substitute—

“ (4) Subsections (4A) to (4C) apply where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3).

(4A) No further steps to enforce the decision may be taken in England and Wales unless—

(a) an event mentioned in Article 15(2)(a) of the Framework Decision on financial penalties occurs in relation to the decision, or

(b) the relevant officer or the Lord Chancellor informs the central authority or competent authority as mentioned in subsection (4C)(b).

(4B) The relevant officer or the Lord Chancellor must inform the central authority or competent authority without delay if the officer receives any sum of money which the person concerned has paid voluntarily in respect of the decision requiring payment of the financial penalty.

(4C) The relevant officer or the Lord Chancellor must inform the central authority or competent authority forthwith of any decision or measure as a result of which the decision requiring payment of the financial penalty—

(a) ceases to be enforceable, or

(b) is withdrawn from the competent authority for any other reason. ” .

^M10 3. —(1)Section 83 (procedure on issue of certificate: Northern Ireland) is amended as follows.

(2) For subsection (4) substitute—

“ (4) Subsections (4A) to (4C) apply where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3).

(4A) No further steps to enforce the decision may be taken in Northern Ireland unless—

(a) an event mentioned in Article 15(2)(a) of the Framework Decision on financial penalties occurs in relation to the decision, or

(b) the designated officer or the Department of Justice informs the central authority or competent authority as mentioned in subsection (4C)(b).

(4B) The designated officer or the Department of Justice must inform the central authority or competent authority without delay if the officer receives any sum of money which the person concerned has paid voluntarily in respect of the decision requiring payment of the financial penalty.

(4C) The designated officer or the Department of Justice must inform the central authority or competent authority forthwith of any decision or measure as a result of which the decision requiring payment of the financial penalty—

(a) ceases to be enforceable, or

(b) is withdrawn from the competent authority for any other reason. ” .

^M11 4. In section 84 (requests from other member States: England and Wales) , in subsection (1)(a), for sub-paragraphs (i) and (ii) substitute—

“ (i) a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii) a certificate requesting enforcement under the Framework Decision on financial penalties, and ” .

5. —(1)Section 85 (procedure on receipt of certificate by designated officer) is amended as follows.

(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 Lord Chancellor 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 (7) insert—

“ (7A) 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.

(7B) “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 section 76 of the Magistrates' Courts Act 1980 to issue a warrant committing a person to prison;

(b) the power under Schedule 6 to the Courts Act 2003 to make an order requiring a person to perform unpaid work;

(c) the power under section 300 of the Criminal Justice Act 2003 to order a person to comply with an unpaid work requirement, a curfew requirement or an attendance centre requirement;

(d) the power under section 301 of that Act to order a person to be disqualified for holding or obtaining a driving licence;

(e) the power under section 39 of this Act to order a person aged under 18 to comply with an unpaid work requirement, a curfew requirement or an attendance centre requirement. ” .

(5) After subsection (7B) (as inserted by sub-paragraph (4) above) insert—

“ (7C) 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 Lord Chancellor 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 (8) substitute—

“ (8) 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 Lord Chancellor 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 (7C) 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 (7A) 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). ” .

(7) In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution), section 85(7B) of the Criminal Justice and Immigration Act 2008 applies as if after paragraph (a) there were inserted—

“ (aa) the power under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit a person to detention; ” .

(8) In relation to any time before the coming into force of section 303(b)(iii) of the Criminal Justice Act 2003(repeal of sections 35 and 40 of the Crime (Sentences) Act 1997), section 85(7B) of the Criminal Justice and Immigration Act 2008 applies as if after paragraph (aa), as treated as inserted by sub-paragraph (7) above, there were inserted—

“ (ab) the power under section 35 of the Crime (Sentences) Act 1997 to make a community service order or a curfew order;

(ac) the power under section 40 of that Act to order a person to be disqualified for holding or obtaining a driving licence; ” .

(9) In relation to any time before the coming into force of section 6(1) of the Criminal Justice and Immigration Act 2008 (abolition of certain youth orders) as respects the abolition of attendance centre orders, section 85(7B) of that Act applies as if after paragraph (ac), as treated as inserted by sub-paragraph (8) above, there were inserted—

“ (ad) the power under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 to order a person to attend an attendance centre; ” .

6. —(1)Section 86 (modification of Magistrates' Courts Act 1980) is amended as follows.

(2) After subsection (2) insert—

“ (3) Where a transfer of fine order is made under section 90 of the Magistrates' Courts Act 1980 as applied by section 85(6) of this Act—

(a) subsections (6A) to (7) of section 88 of this Act apply in relation to the powers conferred by Article 96 of the Magistrates' Courts (Northern Ireland) Order 1981 ( S.I. 1981/1675 (N.I. 26)) (transfer of fines to Northern Ireland) as a result of the order as they apply in relation to the powers conferred on a magistrates' court by virtue of section 88(6) of this Act, and

(b) for this purpose—

(i) references in those subsections to the financial penalty are to be treated as references to the financial penalty to which the order relates, and

(ii) references in those subsections to the certificate are to be treated as references to the certificate by virtue of which the order is made. ” .

(3) In the heading, at the end insert “ etc ” .

^M12 7. In section 87 (requests from other member States: Northern Ireland) , in subsection (1)(a), for sub-paragraphs (i) and (ii) substitute—

“ (i) a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii) a certificate requesting enforcement under the Framework Decision on financial penalties, and ” .

^M13 8. —(1)Section 88 (procedure on receipt of certificate by clerk of petty sessions) is amended as follows.

(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). ” .

^M14 9. —(1)Section 89 (modification of Magistrates' Courts (Northern Ireland) Order 1981) is amended as follows.

(2) After subsection (5) insert—

“ (6) Where a transfer of fine order is made under Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 as applied by section 88(6) of this Act—

(a) subsections (7A) to (8) of section 85 of this Act apply in relation to the powers conferred by section 91 of the Magistrates' Courts Act 1980 (transfer of fines from Northern Ireland) as a result of the order as they apply in relation to the powers conferred on a magistrates' court by virtue of section 85(6) of this Act, and

(b) for this purpose—

(i) references in those subsections to the financial penalty are to be treated as references to the financial penalty to which the order relates, and

(ii) references in those subsections to the certificate are to be treated as references to the certificate by virtue of which the order is made. ” .

(3) In the heading, at the end insert “ etc ” .

^M15 10. In section 90 (transfer of certificates to central authority for Scotland) , in subsection (1)(a), for sub-paragraphs (i) and (ii) substitute—

“ (i) a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii) a certificate requesting enforcement under the Framework Decision on financial penalties, but ” .

^M16 11. —(1)Section 90A (transfer of certificates by Department of Justice to Lord Chancellor and vice versa) is amended as follows.

(2) In subsection (1)(a), for sub-paragraphs (i) and (ii) substitute—

“ (i) a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii) a certificate requesting enforcement under the Framework Decision on financial penalties, or ” .

(3) In subsection (3)(a), for sub-paragraphs (i) and (ii) substitute—

“ (i) a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii) a certificate requesting enforcement under the Framework Decision on financial penalties, or ” .

^M17 12. —(1)Section 91 (recognition of financial penalties: general) is amended as follows.

(2) In subsection (2), after “85(3)” insert “, (4A)” and after “ 88(3) ” insert “ , (4A) ” .

(3) In subsection (4), omit “81(4), 83(4)”.

^M18 13. In section 92 (interpretation of sections 80 to 91 etc) , in the definition of “decision” in subsection (2), for “in sections 85(4) and 88(4))” substitute “ where the context requires otherwise) ” .

^M19 14. In section 147 (orders, rules and regulations) , in subsection (5)(d), omit “81(4) or”.

15. In section 152 (extent)—

(a) in subsection (3)(e), for “and (7)” substitute “ to (7B) ” , and

(b) in subsection (4)(b), for “to 89” substitute “ , 88 and 89(1) to (5) ” .

^M20 16. —(1)Schedule 19 (grounds for refusal to enforce financial penalties) is amended as follows.

(2) Before paragraph 1 insert—

“ A1. The certificate is incomplete or obviously does not correspond to the decision. ” .

(3) After paragraph 2 insert—

“ 2A. 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. ” .

(4) In paragraph 3, omit sub-paragraph (2).

(5) After paragraph 3 insert—

“ 3A. 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. ” .

(6) In paragraph 4, omit sub-paragraph (2).

(7) After paragraph 5 insert—

“ 5A. 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. ” .

(8) For paragraph 6 substitute—

“ 6. —(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—

(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. ” .

(9) In paragraph 47, in sub-paragraph (1), after paragraph (b) insert—

“ (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. ”

Regulation 27

SCHEDULE 4 UK competent authorities

PART 1

The Association of Chief Police Officers

The Chief Officer of a Police force for a Police Area in England and Wales

The Chief Constable of the Police Service of Northern Ireland

The Chief Constable of the Police Service of Scotland

^F8 ...

The Crown Agent

The Director-General of the Northern Ireland Prison Service

The Director of Public Prosecutions

[^F9 The Director of Public Prosecutions for Northern Ireland ^F9]

The Financial Conduct Authority

^F10 ...

The Health and Safety Executive

Her Majesty's Revenue and Customs

^F10 ...

The Information Commissioner

The Lord Advocate

^F10 ...

The Ministry of Defence Police Service

^F10 ...

The National Crime Agency

The Northern Ireland Department of Justice

The Port of Dover Police

A Procurator Fiscal

The Scottish Court Service

The Scottish Information Commissioner

The Scottish Ministers

The Scottish Police Authority

[^F11 The Secretary of State for Business, Energy and Industrial Strategy ^F11]

^F12 The Secretary of State for ... Communities and Local Government

[^F13 The Secretary of State for Defence ^F13]

^F14 ...

^F12 The Secretary of State for ... Environment, Food and Rural Affairs

[^F15 The Secretary of State for Foreign and Commonwealth Affairs ^F15]

^F12 The Secretary of State for ... Health [^F16 and Social Care ^F16]

[^F17 The Secretary of State for the Home Department ^F17]

[^F17 The Secretary of State for Justice ^F17]

^F12 The Secretary of State for ... Transport

^F12 The Secretary of State for ... Work and Pensions

The Serious Fraud Office

PART 2

An agency or other body established by a legal instrument adopted under Title VI of the Treaty on European Union (as it had effect before 1st December 2009) or Chapter 1, 4 or 5 of Title V of Part Three of the Treaty on the Functioning of the European Union that is in the UK.

Regulation 51

SCHEDULE 5 Functions of the Commissioner under the Act: modifications

Regulations 85 and 104

^F18 SCHEDULE 6 Grounds for refusal to monitor supervision measures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .