Justice Act (Northern Ireland) 2011

Offender levy on certain penalties

5.—(1) This section applies to—

(a) a fixed penalty payable in respect of—

(i) a notice under Article 60 of the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) relating to an offence involving obligatory endorsement (within the meaning of Article 3 of that Order),

(ii) a conditional offer under Article 80 of that Order relating to such an offence;

(b) a penalty payable in respect of a penalty notice under section 60;

(c) a penalty specified by order made by the Department.

(2) The Department may not specify a penalty under subsection (1)(c) unless the penalty—

(a) is payable in respect of a notice issued to a person by, or on behalf of, a Northern Ireland department under a statutory provision; and

(b) payment of the penalty in pursuance of the notice discharges the person from liability to conviction for an offence to which the notice relates.

(3) An order under subsection (1)(c)—

(a) may amend the statutory provision under which any penalty specified by the order is payable;

(b) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

(4) Where the person liable to pay a penalty to which this section applies is over the age of 18, the penalty is increased by an amount (“the offender levy”) determined under section 6.

(5) Accordingly in Article 59 of the Road Traffic Offenders (Northern Ireland) Order 1996 (amount of fixed penalty) at the end insert—

“(3) Where—

(a) the fixed penalty is in respect of—

(i) a notice under Article 60 relating to an offence involving obligatory endorsement; or

(ii) a conditional offer under Article 80 relating to such an offence; and

(b) the person liable to pay the fixed penalty is over the age of 18,

the fixed penalty is increased by the amount of the offender levy determined under section 6 of the Justice Act (Northern Ireland) 2011.”.

(6) Where the amount of a penalty is increased under section 62(5) or Article 69(2) of the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) for the purposes of registering an amount for enforcement as a fine, so much of that penalty as consists of the offender levy shall be treated as having been increased by the same proportion.