PART 1

VICTIMS AND WITNESSES
CHAPTER 1

THE OFFENDER LEVY

Offender levy imposed by court

Offender levy imposed by court
1
1
This section applies where a court dealing with an offender for one or more offences imposes a sentence which is or includes—
a
a sentence of imprisonment;
b
a sentence of detention in a young offenders centre;
c
a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (NI 1);
d
a sentence of detention under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9);
e
a community order (within the meaning given by Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (NI 24)); or
f
a fine.
2
Subject to subsections (3) to (5), the court must, in addition, order the offender to pay an amount (“the offender levy”) determined under section 6.
3
Subsection (2) does not apply where the offender is an individual under the age of 18.
4
Subsection (2) does not apply by virtue of a sentence mentioned in subsection (1)(a) or (b) if—
a
that sentence is to be served concurrently with another such sentence imposed on the offender on a previous occasion; and
b
the offender levy has been imposed under this section in relation to that other sentence.
5
Where the court considers—
a
that it would be appropriate to make a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (NI 15), but
b
that the offender has insufficient means to pay both the offender levy and appropriate compensation,
the court must reduce the offender levy accordingly (if necessary to nil).
6
A sentence mentioned in subsection (1)(a) and (b) includes a sentence which is suspended under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29).
7
The Department may by order amend subsection (1).
8
No order shall be made under subsection (7) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
9
In Article 29 of the Criminal Justice (Northern Ireland) Order 1996 (fixing of fines) after paragraph (3) insert—
3A
In applying paragraph (3), a court must not reduce the amount of a fine on account of any offender levy it orders the offender to pay under section 1 of the Justice Act (Northern Ireland) 2011, except to the extent that the offender has insufficient means to pay both.
.