The Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2020

Amendment of the Criminal Justice Act 2003 (Surcharge) Order 2012

2.  In the Criminal Justice Act 2003 (Surcharge) Order 2012(1), for the Schedule substitute—

Articles 2 to 6

“SCHEDULE

Table 1

Column 1	Column 2
An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000(2) (conditional discharge)	£17
A fine	£22
An order under section 1 of the Criminal Justice and Immigration Act 2008(3) (youth rehabilitation orders)	£22
An order under section 16(2) or 16(3) of the Powers of Criminal Courts (Sentencing) Act 2000(4) (referral orders)	£22
An order under section 177(1) of the Criminal Justice Act 2003(5) (community orders)	£22
An order under section 189(1) of the Criminal Justice Act 2003(6) (suspended sentences of imprisonment)	£34
A sentence specified in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000(7) (meaning of “custodial sentence”)	£34

Table 2

Column 1	Column 2
An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge)	£22
A fine	10 per cent of the value of the fine, rounded up or down to the nearest pound, which must be no less than £34 and no more than £190.
An order under section 177(1) of the Criminal Justice Act 2003 (community orders)	£95
An order under section 189(1) of the Criminal Justice Act 2003 (suspended sentences of imprisonment) where the sentence of imprisonment or detention in a young offender institution is for a period of up to and including 6 months	£128
An order under section 189(1) of the Criminal Justice Act 2003 (suspended sentences of imprisonment) where the sentence of imprisonment or detention in a young offender institution is for a determinate period of more than 6 months	£156
A sentence of imprisonment or detention in a young offender institution for a determinate period of up to and including 6 months	£128
A sentence of imprisonment or detention in a young offender institution for a determinate period of more than 6 months and up to and including 24 months	£156
A sentence of imprisonment or detention in a young offender institution for a determinate period exceeding 24 months	£190
A sentence of imprisonment or custody for life	£190

Table 3

Column 1	Column 2
An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge)	£22
A fine	10 per cent of the value of the fine, rounded up or down to the nearest pound, which must be no less than £34 and no more than £190.”.

(1)

S.I. 2012/1696, as amended by S.I. 2014/2120, 2016/389 and 2019/985.

(2)

2000 c. 6. Section 12(1) was amended by paragraph 4 of Schedule 5 to the Criminal Justice and Courts Act 2015 (c. 2).

(3)

2008 c. 4.

(4)

Section 16 was amended by section 79(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the 2012 Act”).

(5)

Section 177(1) was amended by paragraph 82 of Schedule 4 to the Criminal Justice and Immigration Act 2008, by sections 72 and 76(2) of the 2012 Act, by paragraph 12(2) of Schedule 16 to the Crime and Courts Act 2013 (c. 22), and by section 15 of the Offender Rehabilitation Act 2014 (c. 11).

(6)

Section 189(1) was substituted by section 68(1) of the 2012 Act.

(7)

Section 76 was amended by paragraph 108 of Schedule 32 to the Criminal Justice Act 2003, and by paragraph 10 of Schedule 21 to the 2012 Act.