
1 
This Order may be cited as the Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014 and comes into force on 1st December 2014.
2 
The Criminal Procedure (Scotland) Act 1995 is amended in accordance with articles 3 to 5.
3 
In section 223H(3B), for “paragraphs 5A and 6” substitute “paragraphs 5A, 6 and 6A”.
4 
In section 223T(1), at the end of the definition of “Framework Decision on financial penalties”, insert “as amended by Council Framework Decision 2009/299/JHA”.
5 
In Schedule 12, for paragraph 6 substitute—“
6. 
Where the proceedings in which the decision was made were conducted in writing, the certificate does not confirm that the liable person was informed of the right to contest the proceedings and of the time limits that applied to the exercise of that right.
6A. 

(1) The certificate—
(a) indicates that the decision is neither the result of—
(i) proceedings conducted in writing; nor
(ii) a trial at which the liable person appeared in person; and
(b) does not state that something which is described in paragraph (i) or (j) of Article 7(2) of the Framework Decision happened.
(2) In sub-paragraph (1), “the Framework Decision” means Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties as amended by Council Framework Decision 2009/299/JHA.”.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
1st December 2014