Section 46 Criminal courts charge dutyI1
Where the criminal courts charge duty applies to a court in relation to an offender, the court must order the offender to pay a charge in respect of relevant court costs, unless—
the offender was aged under 18 when the offence was committed,
the offence was committed before 13 April 2015, or
the case is, or is of a class, prescribed by the Lord Chancellor by regulations.
F1....
In this section—
“court costs” means costs of providing the judiciary and the rest of the system of courts, but does not include defence or prosecution costs;
“relevant court costs” means court costs incurred in connection with—
- (a)
criminal proceedings, or
- (b)
proceedings for a relevant failure,
but does not include costs of providing the Supreme Court or judges of that Court;
- (a)
“relevant failure” means a failure to comply with—
In this Code, “criminal courts charge order” means an order under subsection (1).
Annotations
Textual amendments
- F1
Words in s. 46(1) omitted (29.6.2026) by virtue of Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 48; S.I. 2026/689, reg. 2(1)(z12)
- F2
Word in s. 46(2) inserted (11.5.2026) by Sentencing Act 2026 (c. 2), s. 49(1), Sch. 5 para. 11(3)(a) (with s. 34(4)(5)); S.I. 2026/402, reg. 2(b)
- F3
Words in s. 46(2) omitted (11.5.2026) by virtue of Sentencing Act 2026 (c. 2), s. 49(1), Sch. 5 para. 11(3)(b) (with s. 34(4)(5)); S.I. 2026/402, reg. 2(b)
Commencement
- I1
S. 46 in force at 1.12.2020 by S.I. 2020/1236, reg. 2