Valid from 01/04/2007
49U.K.In section 132 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders: appeals etc), after subsection (4) insert—
“(4A)Where an order is made in respect of a person under subsection (3) or (4) above, the Court of Appeal or House of Lords shall make such order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or such variation of the order of the Crown Court under that section, as is necessary to secure that the person’s liability under that section is the same as it would be if he were being dealt with by the Crown Court.”
50U.K.In section 136 of that Act (power to order statement as to financial circumstances of parent or guardian), in subsection (1), for “or compensation” substitute “ , compensation or surcharge ”.
51(1)Section 137 of that Act (power to order parent or guardian to pay fine, costs or compensation) is amended as follows.U.K.
(2)In the heading, for “or compensation” substitute “ , compensation or surcharge ”.
(3)After subsection (1) insert—
“(1A)Where but for this subsection a court would order a child or young person to pay a surcharge under section 161A of the Criminal Justice Act 2003, the court shall order that the surcharge be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—
(a)that the parent or guardian cannot be found; or
(b)that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.”
(4)In subsection (3), for “subsections (1) and (2)” substitute “ subsections (1) to (2) ”.
52(1)Section 138 of that Act (fixing of fine or compensation to be paid by parent or guardian) is amended as follows.U.K.
(2)In the heading, for “or compensation” substitute “ , compensation or surcharge ”.
(3)Before paragraph (a) of subsection (1) insert—
“(za)subsection (3) of section 161A of the Criminal Justice Act 2003 (surcharges) and subsection (4A) of section 164 of that Act (fixing of fines) shall have effect as if any reference in those subsections to the offender’s means were a reference to those of the parent or guardian;”.
53U.K.In section 142(1) of that Act (power of Crown Court to order search of persons before it)—
(a)before paragraph (a) insert—
“(za)the Crown Court orders a person to pay a surcharge under section 161A of the Criminal Justice Act 2003,”;
(b)in paragraph (d), for “or compensation” substitute “ , compensation or surcharge ”.