The Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2019

Document Number:2019 No. 985
Coming into force:Coming into force on the 28/06/2019
 
FREE EXCERPT

This Statutory Instrument corrects an error in SI 2012/1696 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

Criminal Law, England And Wales

Made

4 th June 2019

Laid before Parliament

7 th June 2019

Coming into force

28 th June 2019

The Secretary of State makes the following Order in exercise of the powers conferred by sections 161 A(2) , 161 B and 330(4) of the Criminal Justice Act 2003(1).

Citation and commencement

  1. This Order may be cited as the Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2019 and comes into force on 28 th June 2019.

    Amendments to the Criminal Justice Act 2003 (Surcharge) Order 2012

  2. In the Criminal Justice Act 2003 (Surcharge) Order 2012(2)—

    (a) in article 4 (amount of surcharge: offences committed by an individual aged 18 or over) , in paragraphs (1) and (2) , for “over 18” substitute “18 or over”;

    (b) for the Schedule(3) substitute the Schedule set out in the Schedule to this Order.

    Transitional provision

  3. The amendments made by article 2 do not apply where, after the coming into force of this Order, a court deals with a person for—

    (a) a single offence committed before the coming into force of this Order, or

    (b) more than one offence, at least one of which was committed before the coming into force of this Order.

    Edward Argar

    Parliamentary Under Secretary of State

    Ministry of Justice

    4 th June 2019

    Article 2

    SCHEDULE

    Articles 2 to 6

    “SCHEDULE

    Table 1

    Table 2

    Table 3

    EXPLANATORY NOTE

    (This note is not part of the Order)

    Section 161 A of the Criminal Justice Act 2003 (c. 44) requires a court, when dealing with a person for one or more offences, to order that person to pay a surcharge. The amount of the surcharge that is payable in particular circumstances is set out in the Schedule to the Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I. 2012/1696) (“the 2012 Order”). Article 2(b) of this Order substitutes the Schedule to the 2012 Order to provide for an increase in those amounts. Article 2(a) amends article 4 of the 2012 Order to clarify that article 4 also applies in respect of an offence or offences committed when a person was aged 18.

    Article 3 provides that the amendments made by this Order to the 2012 Order do not apply where a court deals with a person for a single offence committed before 28 th June 2019 or where it deals...

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