Victims’ SurchargeVolume 1

131.1

Criminal Justice Act 2003 (Surcharge) Order 2012 2012/1696radically alters the rules. The order is needlessly complex and applies to defendants whose offences were all committed on or after 1 October 2012. The order remains mandatory, save where the court considers a compensation order is appropriate and there are insufficient means to pay a surcharge and a compensation order[1].

In tabular form the position is:

Age of defendant / Situation / Which rules and amounts
Regardless of age / Offence(s) committed before 1 October 2012 / Old rules[2]
Some offences committed before and some committed after 1 October 2012 / Old rules[3]
Offence straddles 1 October 2012 / The court is likely to apply the old rules.[4]
Defendant 18+ / Offence(s) committed on or after 1 October 2012 / Table 2 (18+ columns below)
One or more of the offences were committed when the defendant was under 18 / The offence(s) were committed on or after 1 October / Same disposal for all offences / Table 1 (Under 18 column below)[5]
Different disposals / The highest amount for the disposals in Table 1[6]
Offence straddles the time the defendant became 18 / The court is likely to treat the defendant as if he was under 18.[7]

The new amounts are:

Order / Aged under 18 / Aged 18-20 / Aged 21+
Absolute discharge / £0
Community Order
Criminal Justice Act 2003 s 177(1) / n/a / £60
£15 when the defendant was under 18 at the date of the offence.
Conditional Discharge / £10 / £15 Where the defendant is not an individual the amount is also £15.
Custody for life
Powers of Criminal Courts (Sentencing) Act 2000 s 94 / n/a / £120 / n/a
Deferred sentences / £0
Detention and Training Order
Powers of Criminal Courts (Sentencing) Act 2000 s 100 / £20 / n/a
Detention during HM Pleasure
Powers of Criminal Courts (Sentencing) Act 2000 s 93 / £20
Detention for Public Protection
Criminal Justice Act 2003 s 226 / £20 / n/a
Detention in a Young Offender Institution for Public Protection
Criminal Justice Act 2003 s 226 / n/a / £120 / n/a
Detention under section 91
Powers of Criminal Courts (Sentencing) Act 2000 s 91 / £20 / n/a
Extended sentences
Powers of Criminal Courts (Sentencing) Act 2000 s 80(2) and 85 / £0
Extended sentences
Criminal Justice Act 2003 s 227-8 / £20 / Presumably the imprisonment amounts.
Fine / £15 / 10% of the fine, rounded up or down to the nearest pound, which must be no less than £20 and not more than £120. The same rule applies when the defendant is not an individual.
Hospital Orders and Guardianship Orders / £0
Imprisonment / n/a / 6 months or less: £80
6-24 months: £100
More than 24 months: £120
IPP
Criminal Justice Act 2003 s 225(3) / n/a / £120
Life imprisonment / n/a / £120
Referral Orders
Powers of Criminal Courts (Sentencing) Act 2000 s 16(2) or (3) / £15 / n/a
Suspended sentences
Powers of Criminal Courts (Sentencing) Act 2000 s 119 / n/a / £0
Suspended Sentence Order
Criminal Justice Act 2003 s 189(1) / n/a / Up to 6 months, £80 and Over 6 months to 12 months £100
£20 when the defendant was under 18 at the date of the offence.
Young Offender, Detention in a Institution
Powers of Criminal Courts (Sentencing) Act 2000 s 96 / n/a / 6 months or less:£80
6-24 months: £100
More than 24 months: £120 / n/a
Youth Rehabilitation Order
Criminal Justice and Immigration Act 2008 s 1 / £15 / n/a

Note: £0 means that surcharges do not apply either because it is an historic order or because the sentencing order is not listed in the 2012/1696 order.In those circumstances no surcharge can be levied. ‘n/a’ means the sentence is not available.

Fixed Penalties On 1 October 2012, all ‘disorderly behaviour fixed penalties will have added to them half the relevant victims’ surcharge, Criminal Justice and Police Act 2001 s 3(2) and (2A) as amended by Domestic Violence, Crime and Victims Act 2004 s 15.[8]

Banks on Sentence Copyright November 2012 No 1

For more detail see

[1]Criminal Justice Act 2003 s 161A(3)

[2]Criminal Justice Act 2003 (Surcharge) Order 2012 2012/1696 para 7(2)

[3]Criminal Justice Act 2003 (Surcharge) Order 2012 2012/1696 paras 3(1), 4(1) and 7(2)

[4] See para 82.33 and 231.4

[5]Criminal Justice Act 2003 (Surcharge) Order 2012 2012/1696 para 5(1) and (6)

[6]Criminal Justice Act 2003 (Surcharge) Order 2012 2012/1696 para 5(2)(b) and (3)

[7] See para 82.33 and 231.4

[8]Domestic Violence, Crime and Victims Act 2004 (Commencement No 15) Order 2012 2012/1697