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The Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2019

S.I. 2019/985 · Made 4 June 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument corrects an error in SI 2012/1696 and is being issued free of charge to all known recipients of that Statutory Instrument.

Criminal Law, England And Wales

Made 4th June 2019

Laid before Parliament 7th June 2019

Coming into force 28th June 2019

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 2003f1.

Annotations to the whole text

Footnotes

f1

2003 c. 44 (“the 2003 Act”). Sections 161A and 161B were inserted by section 14(1) of the Domestic Violence, Crime and Victims Act 2004 (c. 28). Section 161A was amended by paragraph 30 of the Schedule to the Prevention of Social Housing Fraud Act 2013 (c. 3) and by paragraph 25 of Schedule 5 to the Modern Slavery Act 2015 (c. 30).

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Criminal Justice Act 2003 (Surcharge) Order 2012
  3. 3Transitional provision
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2019 and comes into force on 28th June 2019.

2Amendments to the Criminal Justice Act 2003 (Surcharge) Order 2012

In the Criminal Justice Act 2003 (Surcharge) Order 2012f1—

(a)

in article 4 (amount of surcharge: offences committed by an individual aged 18 or over), in paragraphs (1) and (2), for “over 18” substitute “18 or over”;

(b)

for the Schedulef2 substitute the Schedule set out in the Schedule to this Order.

3Transitional provision

The amendments made by article 2 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 the coming into force of this Order, or

(b)

more than one offence, at least one of which was committed before the coming into force of this Order.

Signature

Edward Argar

Parliamentary Under Secretary of State

Ministry of Justice

4th June 2019

“SCHEDULE

Articles 2 to 6

Table 1

Column 1Column 2
An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000f1 (conditional discharge)£16
A fine£21
An order under section 1 of the Criminal Justice and Immigration Act 2008f2 (youth rehabilitation orders)£21
An order under section 16(2) or 16(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders)£21
An order under section 177(1) of the Criminal Justice Act 2003f3 (community orders)£21
An order under section 189(1) of the Criminal Justice Act 2003f4 (suspended sentences of imprisonment)£32
A sentence specified in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000f5 (meaning of “custodial sentence”)£32

Table 2

Column 1Column 2
An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge)£21
A fine10 per cent of the value of the fine, rounded up or down to the nearest pound, which must be no less than £32 and no more than £181.
An order under section 177(1) of the Criminal Justice Act 2003 (community orders)£90
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 up to and including 6 months£122
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£149
A sentence of imprisonment or detention in a young offender institution for a determinate period of up to and including 6 months£122
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£149
A sentence of imprisonment or detention in a young offender institution for a determinate period exceeding 24 months£181
A sentence of imprisonment or custody for life£181

Table 3

Column 1Column 2
An order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge)£21
A fine10 per cent of the value of the fine, rounded up or down to the nearest pound, which must be no less than £32 and no more than £181.

”

Explanatory note

(This note is not part of the Order)

Section 161A of the Criminal Justice Act 2003 (c. 44) requires a court, when dealing with a person for one or more offences, to order that person to pay a surcharge. The amount of the surcharge that is payable in particular circumstances is set out in the Schedule to the Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I. 2012/1696) (“the 2012 Order”). Article 2(b) of this Order substitutes the Schedule to the 2012 Order to provide for an increase in those amounts. Article 2(a) amends article 4 of the 2012 Order to clarify that article 4 also applies in respect of an offence or offences committed when a person was aged 18.

Article 3 provides that the amendments made by this Order to the 2012 Order do not apply where a court deals with a person for a single offence committed before 28th June 2019 or where it deals with a person for more than one offence and at least one of those offences was committed before that date.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.