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Sentencing Act 2020

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Changes over time for: Section 46

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Point in time view as at 14/07/2022.

Changes to legislation:

Sentencing Act 2020, Section 46 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

46Criminal courts charge dutyE+W

(1)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—

(a)the offender was aged under 18 when the offence was committed,

(b)the offence was committed before 13 April 2015, or

(c)the case is, or is of a class, prescribed by the Lord Chancellor by regulations.

But this is subject to section 15(2) of the Proceeds of Crime Act 2002 (effect on duty when proceedings on confiscation order are postponed).

(2)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;

  • relevant failure” means a failure to comply with—

    (a)

    a requirement of a community order,

    (b)

    a community requirement of a suspended sentence order, or

    (c)

    a supervision requirement imposed under section 256AA of the Criminal Justice Act 2003.

(3)In this Code, “criminal courts charge order” means an order under subsection (1).

Commencement Information

I1S. 46 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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