Criminal Justice (Mutual Assistance) Act 2008

60C.

F44 [ Transmission to State of external financial penalty order

60C. (1) An external financial penalty order may be transmitted by the competent authority of an issuing state to the Central Authority with a request for its execution.

(2) The external financial penalty order shall be accompanied by

( a ) a certificate signed and certified as accurate by the competent authority in the issuing state and any supporting documentation, and

( b ) any required translations,

and shall include any further information required by the 2005 Framework Decision.

(3) Transmission of the documents referred to in subsections (1) and (2) shall be by any means capable of producing a written record under conditions which allow the Central Authority or the appropriate court to establish the documents authenticity.

(4) Subsection (3) is deemed to have been complied with if facsimile copies of those documents and any translation thereof are transmitted in compliance with any regulations that may be made under subsection (6) .

(5) If the Central Authority or the appropriate court is not satisfied that a facsimile copy of a document transmitted in accordance with this section corresponds to the document of which it purports to be such a copy, the Central Authority or the appropriate court shall

( a ) request the competent authority in the issuing state to cause the original or a copy of the document to be transmitted to the Central Authority, and

( b ) agree with that competent authority regarding the manner in which the original or copy is to be so transmitted.

(6) The Minister may, if he or she considers it necessary for the purposes of ensuring the accuracy of documents transmitted in accordance with this section, make regulations

( a ) prescribing procedures to be followed in connection with the transmission of documents in accordance with this section, and

( b ) specifying features to be present in any equipment being used in that connection. ]