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 interpretation
1. —(1) This Order may be cited as the Criminal Justice Act 2003 (Surcharge) Order 2012 and comes into force on 1st October 2012.
(2) In this Order “the 2003 Act” means the Criminal Justice Act 2003.
(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 apply
2. Section 161A(1) of the 2003 Act (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 18
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 section 161A of the 2003 Act 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 section 161A of the 2003 Act 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 over
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 over 18, the surcharge payable under section 161A of the 2003 Act 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 over 18, the surcharge payable under section 161A of the 2003 Act 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 individual
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 section 161A of the 2003 Act 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 section 161A of the 2003 Act 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 individual
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 section 161A of the 2003 Act 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 section 161A of the 2003 Act is the highest amount in column 2 of that table corresponding to each of those disposals.
Revocation and transitional and saving provision
7. —(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
Articles 2 to 6
SCHEDULE
Table 1
| Column 1 | Column 2 |
|---|---|
| An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000( 3 ) (conditional discharge) | £10 |
| A fine | £15 |
| An order under section 1 of the Criminal Justice and Immigration Act 2008( 4 ) (youth rehabilitation orders) | £15 |
| An order under section 16(2) or 16(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders) | £15 |
| An order under section 177(1) of the Criminal Justice Act 2003( 5 ) (community orders) | £15 |
| An order under section 189(1) of the Criminal Justice Act 2003 (suspended sentences of imprisonment) | £20 |
| A sentence specified in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of custodial sentence) where imposed by the Crown Court | £20 |
Table 2
| Column 1 | Column 2 |
|---|---|
| An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge) | £15 |
| A fine | 10 per cent of the value of the fine, rounded up or down to the nearest pound, which must be no less than £20 and no more than £120. |
| An order under section 177(1) of the Criminal Justice Act 2003 (community orders) | £60 |
| An order under section 189(1) of the Criminal Justice Act 2003 (suspended sentences of imprisonment) where the sentence of imprisonment or detention in a young offender institution is for a period of 6 months or less | £80 |
| An order under section 189(1) of the Criminal Justice Act 2003 (suspended sentences of imprisonment) where the sentence of imprisonment or detention in a young offender institution is for a determinate period of more than 6 months but not more than 12 months | £100 |
| A sentence of imprisonment or detention in a young offender institution imposed by the Crown Court for a determinate period of up to and including 6 months | £80 |
| A sentence of imprisonment or detention in a young offender institution imposed by the Crown Court for a determinate period of more than 6 months and up to and including 24 months | £100 |
| A sentence of imprisonment or detention in a young offender institution for a determinate period exceeding 24 months | £120 |
| A sentence of imprisonment for public protection or detention in a young offender institution for public protection under section 225(3) of the Criminal Justice Act 2003 | £120 |
| A sentence of imprisonment or custody for life | £120 |
Table 3
| Column 1 | Column 2 |
|---|---|
| An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge) | £15 |
| A fine | 10 per cent of the value of the fine, rounded up or down to the nearest pound, which must be no less than £20 and no more than £120. |
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) ).