C4Part 12Sentencing

Annotations:
Modifications etc. (not altering text)

C3Chapter 1General provisions about sentencing

Annotations:
Modifications etc. (not altering text)
C3

Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)

F1Surcharges

Annotations:
Amendments (Textual)
F1

Ss. 161A, 161B and cross-heading inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(1), 59, 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)

161ACourt’s duty to order payment of surcharge

C1C21

A court when dealing with a person for one or more offences must also (subject to subsections (2) and (3)) order him to pay a surcharge.

2

Subsection (1) does not apply in such cases as may be prescribed by an order made by the Secretary of State.

3

Where a court dealing with an offender considers—

a

that it would be appropriate to make a compensation order, but

b

that he has insufficient means to pay both the surcharge and appropriate compensation,

the court must reduce the surcharge accordingly (if necessary to nil).

4

For the purposes of this section a court does not “deal with” a person if it—

a

discharges him absolutely, or

b

makes an order under the Mental Health Act 1983 in respect of him.

161BAmount of surcharge

1

The surcharge payable under section 161A is such amount as the Secretary of State may specify by order.

2

An order under this section may provide for the amount to depend on—

a

the offence or offences committed,

b

how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine),

c

the age of the offender.

This is not to be read as limiting section 330(3) (power to make different provision for different purposes etc).