Legislation – The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019

These Regulations are made under powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(c)) arising from the withdrawal of the UK from the European Union (“the EU”).

Part 2 revokes the retained EU law which was originally enacted to implement Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims. The purpose of this Directive was to set up a system of co-operation to facilitate access to compensation to victims of violent intentional crimes in cases where the crime was committed in a member State of the EU other than where the victim was habitually resident. In the absence of an agreement with the EU providing for continued cooperation under this instrument, on exit day these reciprocal arrangements will cease to exist in so far as the UK is concerned.

Part 3 revokes the retained EU law which was originally enacted in England and Wales (Chapter 1) and Northern Ireland (Chapter 2) to implement Directive 2011/99/EU of the European Parliament and Council of 13 December 2011 on the European protection order. This Directive enables a measure made in criminal proceedings in one member State for the purpose of protecting a person to be recognised and enforced in another member State. In the absence of an agreement with the EU providing for continued cooperation under this instrument, on exit day these reciprocal arrangements will cease to exist in so far as the UK is concerned.

Regulations 5 to 8 and regulations 11 to 14 of Part 3 make transitional and saving provision in relation to England and Wales and Northern Ireland respectively. These regulations provide: for restraining orders that were made before exit day to give effect to a European protection order to be varied or discharged on or after exit day; and for requests for recognition, modification or revocation of a European protection order received, but not processed, before exit day to be processed after exit, with modifications to reflect the fact that there will be no further cooperation with the issuing member State after exit.

Part 4 revokes the retained EU law which was originally enacted in England and Wales and Northern Ireland to implement Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (‘European supervision orders’). This Framework Decision enables a supervision measure (for example, bail granted subject to conditions) issued in criminal proceedings in one member State to be recognised and monitored in another member State. In the absence of an agreement with the EU providing for continued cooperation under this instrument, on exit day these reciprocal arrangements will cease to exist as far as the UK is concerned.

Part 5 revokes the retained EU law which was originally enacted in England and Wales and Northern Ireland to implement Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties. Part 5 also makes saving provision in relation to requests for enforcement of financial penalties received by the Lord Chancellor or the Department of Justice in Northern Ireland before exit day.

Part 6 amends retained EU law which was originally enacted to implement Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings. This requires known convictions in other EU states to be taken into account (for example, when passing sentence) to the extent national law requires national convictions to be taken into account. In the absence of an agreement with the EU providing for continued cooperation under this instrument, on exit day these reciprocal arrangements will cease to exist in so far as the UK is concerned. Chapter 1 therefore amends England and Wales implementing legislation, and Chapter 2 Northern Ireland implementing legislation, to provide for EU convictions to be treated in the same way as other non-UK convictions. Chapter 3 makes consequential amendments. Chapter 4 makes transitional provision for criminal proceedings instituted before exit day.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published alongside this instrument at www.legislation.gov.uk.