Criminal Justice Act 2003

[F1 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 a compensation order, but

(b) that he has insufficient means to pay both the surcharge and appropriate compensation,

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.]

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)

Modifications etc. (not altering text)

C1 S. 161A(1) excluded (1.4.2007) by The Criminal Justice Act 2003 (Surcharge) Order 2007 (S.I. 2007/707), art. 2

C2 S. 161A(1) excluded (1.4.2007) by The Criminal Justice Act 2003 (Surcharge)(No 2) Order 2007 (S.I. 2007/1079), {art. 3}