PART XI

Sentencing

Victim surcharge

Victim surcharge
253F
1
This section applies where—
a
a person (“P”) is convicted of an offence other than an offence, or offence of a class, that is prescribed by regulations by the Scottish Ministers,
b
the court does not make a restitution order
in respect of the same offence or a different offence in the same proceedings
, and
c
the court imposes a sentence, or sentence of a class, that is so prescribed.
2
Except in such circumstances as may be prescribed by regulations by the Scottish Ministers, the court, in addition to dealing with P in any other way, must order P to pay a victim surcharge of such amount as may be so prescribed.
3
Despite subsection (2), if P is convicted of two or more offences in the same proceedings, the court must order P to pay only one victim surcharge in respect of both or, as the case may be, all the offences.
4
Any sum paid in respect of a victim surcharge is to be paid to the clerk of any court or any other person (or class of person) authorised by the Scottish Ministers for the purpose.
5
Regulations under this section may make different provision for different cases and in particular may include provision—
a
prescribing different amounts for different descriptions of offender,
b
prescribing different amounts for different circumstances.
6
Where provision is made by virtue of subsection (5), the Scottish Ministers may by regulations make provision for determining which victim surcharge is payable in the circumstances mentioned in subsection (3).
7
Regulations under this section are subject to the affirmative procedure.
Words in s. 253F(1)(b) inserted (3.2.2021) by The Victims and Witnesses (Scotland) Act 2014 (Supplementary Provisions) Order 2021 (S.S.I. 2021/57), arts. 1(2), 2(5)
Ss. 253F-253J and cross-heading inserted (13.8.2014 for the insertion of ss. 253F, 253G for specified purposes, 25.11.2019 in so far as not already in force except for the insertion of s. 253G(4)(a)(b)) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 26, 34; S.S.I. 2014/210, art. 2, sch.; S.S.I. 2019/283, art. 2