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 [F2 or an unlawful profit order (or both)] , but

(b) that he has insufficient means to pay both the surcharge and appropriate compensation [F3 or both the surcharge and an appropriate amount under the unlawful profit order (or the surcharge, appropriate compensation and an appropriate amount under the unlawful profit order)] ,

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

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)

F2 Words in s. 161A(3)(a) inserted (15.10.2013 for E.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 30(2)(a); S.I. 2013/2622, art. 2

F3 Words in s. 161A(3)(b) inserted (15.10.2013 for E.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 30(2)(b); S.I. 2013/2622, art. 2

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

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}