Fiches Belges: United Kingdom (Third Country)

Is this measure possible in your Member State under International Judicial Cooperation?

Yes this enables a judicial or administrative authority to transmit a financial penalty directly to an authority in another EU country and to have that penalty recognised and executed without any further formality. The procedure applies in situations where a fine is imposed on a person who is not a resident of the EU country where the offence was committed, fails to pay the fine and then leaves the territory of that country.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties

* receive the request/decision for judicial cooperation

England and Wales contact: London Collection and Compliance Centre LCCC Mutual Recognition PO Box 31090, London SW1P 3WQ Email: LCCCMR@justice.gov.uk Scotland contact: The Sheriff Clerk Sheriff Court House 27 Chambers Street EDINBURGH EH1 1LB Tel: +44 0131-2252525 Fax: 0131-2254422 Email: Edinburgh@scotcourts.gov.uk Northern Ireland contact: Business Development Group Northern Ireland Court Service Laganside House 23 - 27 Oxford Street BELFAST BT1 3LA Telephone: 028 90328594 Email: businessdevelopmentgroup@courtsni.gov.uk.

* execute/recognise the measure (if other than the receiving authority)

If the request is accepted, the central authority will nominate the relevant courts.

Accepted languages for the request/decision

All requests should be in English. If an English translation is not provided, is incomplete, or is not carried out to a high professional standard, the request will be sent back to the requesting authority.

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

Monies obtained from the enforcement of decisions shall accrue to the executing State unless otherwise agreed between the issuing and the executing State ‘financial penalty’ shall mean the obligation to pay: (i) a sum of money on conviction of an offence imposed in a decision; (ii) compensation imposed in the same decision for the benefit of victims, where the victim may not be a civil party to the proceedings and the court is acting in the exercise of its criminal jurisdiction; (iii) a sum of money in respect of the costs of court or administrative proceedings leading to the decision; (iv) a sum of money to a public fund or a victim support organisation, imposed in the same decision. A financial penalty shall not include: (i) orders for the confiscation of instrumentalities or proceeds of crime, (ii) orders that have a civil nature and arise out of a claim for damages and restitution and which are enforceable in accordance with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

b. Other useful information

The link below gives information for competent authorities abroad about obtaining evidence within the UK (or abroad) to assist in criminal investigations or proceedings: https://www.gov.uk/guidance/mutual-legal-assistance-mla-requests