Criminal Justice Act 2003

[F1 Surcharges E+W

Textual Amendments

F1 Ss. 161A, 161B and cross-heading inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(1), 59, 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)

161A Court’s duty to order payment of surcharge E+W

(1) A court when dealing with a person for one or more offences must also (subject to subsections (2) and (3)) order him to pay a surcharge.

(2) Subsection (1) does not apply in such cases as may be prescribed by an order made by the Secretary of State.

(3) Where a court dealing with an offender considers—

(a) that it would be appropriate to make [F2 one or more of a compensation order, an unlawful profit order and a slavery and trafficking reparation order] , but

(b) that he has insufficient means to pay both the surcharge [F3 and appropriate amounts under such of those orders as it would be appropriate to make,]

the court must reduce the surcharge accordingly (if necessary to nil).

(4) For the purposes of this section a court does not “deal with” a person if it—

(a) discharges him absolutely, or

(b) makes an order under the Mental Health Act 1983 in respect of him.

[F4 (5) In [F5 this section —

• "slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015, and]

• “unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.]

Textual Amendments

F2 Words in s. 161A(3)(a) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 25(2)(a); S.I. 2015/1476, reg. 2(j)

F3 Words in s. 161A(3)(b) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 25(2)(b); S.I. 2015/1476, reg. 2(j)

F4 S. 161A(5) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 30(3); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F5 Words in s. 161A(5) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 25(3); S.I. 2015/1476, reg. 2(j)

Modifications etc. (not altering text)

C1 S. 161A(1) excluded (1.10.2012) by The Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I. 2012/1696), arts. 1(1), 2

C2 S. 161A(1) excluded (1.4.2007) by The Criminal Justice Act 2003 (Surcharge) Order 2007 (S.I. 2007/707), art. 2

C3 S. 161A(1) excluded (1.4.2007) by The Criminal Justice Act 2003 (Surcharge)(No 2) Order 2007 (S.I. 2007/1079), {art. 3}

161B Amount of surcharge E+W

(1) The surcharge payable under section 161A is such amount as the Secretary of State may specify by order.

(2) An order under this section may provide for the amount to depend on—

(a) the offence or offences committed,

(b) how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine),

(c) the age of the offender.

This is not to be read as limiting section 330(3) (power to make different provision for different purposes etc).]