Commentary on Sections Part 2: Criminal Justice Section 14: Surcharge payable on conviction
62.This section provides for a surcharge to be payable on conviction by inserting two new sections, section 161A and section 161B, in the Criminal Justice Act 2003.
63, Subsection (1) of section 161A imposes a duty on the court to order payment of a surcharge, except when the court makes an absolute discharge or mental health disposal, (subsection (4)), or where the case is of a type prescribed by the Secretary of State in an order under subsection (2). The intention is that the power in subsection (2) to make such an order would be used if the operation of the provisions were to show that some categories of defendant were being unfairly penalised by the surcharge.
64.Subsection (3) of section 161A deals with the relationship between the surcharge and a compensation order. The court is required to give priority to a compensation order as subsection (3) provides that if the court considers that the offender should pay compensation but has insufficient means to pay the surcharge as well, it must reduce the surcharge accordingly.
65.Section 161B provides for the Secretary of State to set the amount of the surcharge by order. Subsection (2) of section 14 amends the provisions in section 164 of the Criminal Justice Act 2003 on fixing of fines to ensure that the court does not reduce a fine on account of the surcharge unless the person has insufficient means to pay both. Subsection (3) ensures that the surcharge will be treated as a fine for the purposes of collection and enforcement.
66.Subsection (4) provides that the provisions in the Courts Act 2003 on the collection and enforcement of fines will apply. Subsection (5) provides that the Secretary of State may by order amend the way in which the relevant provisions of the Courts Act apply to the surcharge.