Criminal Justice (Mutual Assistance) Act 2008

60A

F58[Interpretation

60A. In this Part

"appropriate court", in relation to an external financial penalty order, means a court in the State that has jurisdiction to impose a financial penalty of the same amount as the sum mentioned in the external financial penalty order;

"certificate" means the certificate provided for in Article 4 of the 2005 Framework Decision, the standard form of which is provided for in the Annex to that Framework Decision;

"competent authority", in relation to a member state, means

(a) the issuing judicial authority in the member state, or

(b) the authority in the member state that the General Secretariat of the Council of the European Union has, in accordance with Article 2 of the 2005 Framework Decision, been informed is to be the competent authority in that member state;

"executing state", in relation to a financial penalty order, means the member state to which the order is transmitted for enforcement;

"external financial penalty order" means a financial penalty order that is made by an issuing judicial authority in an issuing state;

"financial penalty", in relation to a defendant, means an obligation for the defendant to pay, further to a conviction for an offence, in an issuing state or the State

(a) a fine, costs or any other sum of money to the issuing state or the State, as the case may be,

(b) a sum as compensation for the benefit of a victim of the offence, or

(c) a sum of money to a public fund or victim support organisation;

"financial penalty order", means an order of

(a) a court in the State imposing a financial penalty, or

(b) an issuing judicial authority in an issuing state imposing a financial penalty that is enforceable under the law of that state;

"issuing judicial authority", in relation to an external financial penalty order, means a judicial authority in an issuing state, as defined in the law of that state, which makes, validates or in any way confirms the external financial penalty order;

"issuing state", in relation to an external financial penalty order, means the member state in which that order was made.]

Annotations

Amendments:

F58

Inserted (23.09.2019) by Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2016), s. 24, S.I. No. 468 of 2019.