Statutory Instruments
2012 No. 1696
Criminal Law, England And Wales
The Criminal Justice Act 2003 (Surcharge) Order 2012
Made
28th June 2012
Laid before Parliament
2nd July 2012
Coming into force
1st October 2012
The Secretary of State makes the following Order in exercise of the powers conferred by sections 161A(2), 161B and 330(4) of the Criminal Justice Act 2003(1):
Citation, commencement and interpretationI1
1.—(1) This Order may be cited as the Criminal Justice Act 2003 (Surcharge) Order 2012 and comes into force on 1st October 2012.
F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A reference in this Order to a table is a reference to a table in the Schedule.
Cases in which the duty to order payment of the surcharge does not applyI2
2. [F2Section 42(1) of the Sentencing CodeF2] (court’s duty to order payment of surcharge) does not apply in cases in which a court deals with a person for one or more offences and does not impose any disposal described in the Schedule.
Amount of surcharge: offences committed by an individual aged under 18I3
3.—(1) Where a court deals with an individual for one or more offences by way of a single disposal described in column 1 of table 1, and every one of those offences was committed when that individual was aged under 18, the surcharge payable under [F3section 42 of the Sentencing CodeF3] is the amount specified in the corresponding entry in column 2 of that table.
(2) Where a court deals with an individual for one or more offences by way of more than one disposal described in column 1 of table 1, and every one of those offences was committed when that individual was aged under 18, the surcharge payable under [F4section 42 of the Sentencing CodeF4] is—
(a)where the amount in column 2 of that table corresponding to each of those disposals is the same, that amount;
(b)where the amount in column 2 of that table corresponding to each of those disposals is not the same, the highest such amount.
Amount of surcharge: offences committed by an individual aged 18 or overI4
4.—(1) Where a court deals with an individual for one or more offences by way of a single disposal described in column 1 of table 2, and every one of those offences was committed when that individual was aged [F518 or overF5] , the surcharge payable under [F6section 42 of the Sentencing CodeF6] is the amount specified in the corresponding entry in column 2 of that table.
(2) Where a court deals with an individual for one or more offences by way of more than one disposal described in column 1 of table 2, and every one of those offences was committed when that individual was aged [F718 or overF7] , the surcharge payable under [F8section 42 of the Sentencing CodeF8] is—
(a)where the amount in column 2 of that table corresponding to each of those disposals is the same, that amount;
(b)where the amount in column 2 of that table corresponding to each of those disposals is not the same, the highest such amount.
Amount of surcharge: other cases involving offences committed by an individualI5
5.—(1) Where 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 [F9section 42 of the Sentencing CodeF9] is the amount specified in the corresponding entry in column 2 of that table.
(2) Where 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 [F10section 42 of the Sentencing CodeF10] is—
(a)where the amount in column 2 of that table corresponding to each of those disposals is the same, that amount;
(b)where the amount in column 2 of that table corresponding to each of those disposals is not the same, the highest such amount.
(3) The 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.
Amount of Surcharge: offences committed by a person who is not an individualI6
6.—(1) Where a court deals with a person who is not an individual for one or more offences by way of a single disposal described in column 1 of table 3, the surcharge payable under [F11section 42 of the Sentencing CodeF11] is the amount in column 2 of that table corresponding to that disposal.
(2) Where a court deals with a person who is not an individual for one or more offences by way of more than one disposal described in column 1 of table 3, the surcharge payable under [F12section 42 of the Sentencing CodeF12] is the highest amount in column 2 of that table corresponding to each of those disposals.
Revocation and transitional and saving provisionI7
case7.—(1) The Criminal Justice Act 2003 (Surcharge) (No. 2) Order 2007(2) (“the 2007 Order”) is revoked.
(2) Notwithstanding its revocation by paragraph (1), the 2007 Order continues to apply, and Articles 2 to 6 of this Order do not apply, where after the coming into force of this Order a court deals with a person for—
(a)a single offence committed before 1st October 2012; or
(b)more than one offence, at least one of which was committed before 1st October 2012.
Signed by the authority of the Secretary of State
Crispin Blunt
Parliamentary Under Secretary of State
Ministry of Justice
28th June 2012
Cases considering this provision (2)
- Abbott & Ors v R.[2020] EWCA Crim 516
- M, R. v[2014] EWCA Crim 1641
Articles 2 to 6
[F13SCHEDULE
Table 1
| Column 1 | Column 2 |
|---|---|
| An order for conditional discharge as defined in section 80 of the Sentencing Act 2020 | £20 |
| A fine | £26 |
| A youth rehabilitation order as defined in section 173 of the Sentencing Act 2020 | £26 |
| A referral order as defined in section 83 of the Sentencing Act 2020 | £26 |
| A community order as defined in section 200 of the Sentencing Act 2020 | £26 |
| A custodial sentence as defined in section 222 of the Sentencing Act 2020 | £41 |
Table 2
| Column 1 | Column 2 |
|---|---|
| An order for conditional discharge as defined in section 80 of the Sentencing Act 2020. | £26 |
| A fine | 40 per cent of the value of the fine, rounded up or down to the nearest pound, subject to a maximum of £2,000. |
| A community order as defined in section 200 of the Sentencing Act 2020 | £114 |
| A suspended sentence of imprisonment, as defined in section 286 of the Sentencing Act 2020, where the sentence of imprisonment or detention in a young offender institution is for a period of up to and including 6 months | £154 |
| A suspended sentence of imprisonment, as defined in section 286 of the Sentencing Act 2020 where the sentence of imprisonment or detention in a young offender institution is for a determinate period of more than 6 months | £187 |
| A sentence of imprisonment, or detention in a young offender institution, for a determinate period of up to and including 6 months | £154 |
| A sentence of imprisonment, or detention in a young offender institution, for a determinate period of more than 6 months and up to and including 24 months | £187 |
| A sentence of imprisonment, or detention in a young offender institution, for a determinate period exceeding 24 months | £228 |
| A sentence of imprisonment or custody for life | £228 |
Table 3
| Column 1 | Column 2 |
|---|---|
| An order for conditional discharge, as defined in section 80 of the Sentencing Act 2020 | £26 |
| A fine | 40 per cent of the value of the fine, rounded up or down to the nearest pound, subject to a maximum of £2,000.F13] |
2003 c. 44. Sections 161A and 161B of the Criminal Justice Act 2003 were inserted by section 14(1) of the Domestic Violence, Crime and Victims Act 2004 (c. 28) which was brought into force on 1 April 2007 by the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 8) Order 2007 (S.I. 2007/602 (C. 26)).