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Criminal Justice Act 2003

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[F1SurchargesE+W

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Amendments (Textual)

F1Ss. 161A, 161B and cross-heading inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(1), 59, 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)

161ACourt’s duty to order payment of surchargeE+W

(1)A court when dealing with a person for one or more offences must also (subject to subsections (2) and (3)) order him to pay a surcharge.

(2)Subsection (1) does not apply in such cases as may be prescribed by an order made by the Secretary of State.

(3)Where a court dealing with an offender considers—

(a)that it would be appropriate to make a compensation order [F2or an unlawful profit order (or both)] , but

(b)that he has insufficient means to pay both the surcharge and appropriate compensation [F3or both the surcharge and an appropriate amount under the unlawful profit order (or the surcharge, appropriate compensation and an appropriate amount under the unlawful profit order)] ,

the court must reduce the surcharge accordingly (if necessary to nil).

(4)For the purposes of this section a court does not “deal with” a person if it—

(a)discharges him absolutely, or

(b)makes an order under the Mental Health Act 1983 in respect of him.

[F4(5)In this section “unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C3S. 161A(1) excluded (1.4.2007) by The Criminal Justice Act 2003 (Surcharge)(No 2) Order 2007 (S.I. 2007/1079), {art. 3}

161BAmount of surchargeE+W

(1)The surcharge payable under section 161A is such amount as the Secretary of State may specify by order.

(2)An order under this section may provide for the amount to depend on—

(a)the offence or offences committed,

(b)how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine),

(c)the age of the offender.

This is not to be read as limiting section 330(3) (power to make different provision for different purposes etc).]

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