Commentary on Sections Part 1: Victims and Witnesses Chapter 1 - The Offender Levy Section 1: Offender levy imposed by court
This section sets out the sentences which attract the offender levy. These are: imprisonment; detention in the young offenders centre; a suspended custodial sentence; a community order; or a fine. The levy will only be attached to those offenders 18 years old or over. Where a period of imprisonment or detention is applied concurrent with a previous sentence of imprisonment or detention and a levy has been imposed on that previous sentence, a further levy will not be applied. Payment of compensation orders will take priority over the levy and the levy must be reduced (to nil if necessary) by the court where it has been determined that the offender has insufficient means to pay both the compensation order and the levy. The amount of any fine imposed can only be reduced on account of the levy where the offender has insufficient means to pay both the fine and the levy. The Department may by affirmative resolution amend the list of sentences to which a levy applies.