C4Part 12Sentencing
C3Chapter 1General provisions about sentencing
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
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).
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4