http://www.legislation.gov.uk/uksi/2012/1696/article/5The Criminal Justice Act 2003 (Surcharge) Order 2012PrisonsCrown courtsenCRIMINAL LAW, ENGLAND AND WALESStatute Law Database2026-09-02Expert Participation2022-06-16 Section 161A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) requires a court, when dealing with a person for one or more offences, to order the person to pay a surcharge. This Order prescribes, in accordance with section 161A(2) of the 2003 Act, those cases where a court is not required to order a surcharge. In accordance with Article 2 a surcharge will not be payable in cases where the offender is dealt with by way of a disposal which is not described in the Schedule to this Order. 51Where a court deals with an individual for more than one offence by way of a single disposal described in column 1 of table 1, and the condition in paragraph (3) is satisfied in relation to those offences, the surcharge payable under section 42 of the Sentencing Code is the amount specified in the corresponding entry in column 2 of that table.2Where a court deals with an individual for more than one offence by way of more than one disposal described in column 1 of table 1, and the condition in paragraph (3) is satisfied in relation to those offences, the surcharge payable under section 42 of the Sentencing Code is—awhere the amount in column 2 of that table corresponding to each of those disposals is the same, that amount;bwhere the amount in column 2 of that table corresponding to each of those disposals is not the same, the highest such amount.3The condition in this paragraph is satisfied in relation to the offences for which a court is dealing with an individual if at least one of those offences was committed when the individual was under 18 and at least one of those offences was committed when the individual was aged 18 or over.Art. 5 in force at 1.10.2012, see art. 1(1)Words in art. 5(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 406(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2Words in art. 5(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 406(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2