Explanatory note

Section 43 of the Sentencing Act 2020 (c.17) 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”). Regulation 2 of these Regulations substitutes the Schedule to the 2012 Order to provide for an increase in those amounts and reflects the changes made by the Sentencing Act 2020.

Regulation 3 provides that the increased amounts do not apply where a court deals with a person for a single offence committed before the date on which these Regulations come into force, 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 been produced in respect of these Regulations and is available on www.legislation.gov.uk.