Anyone sentenced for an offence committed from today onward will have to pay a higher victim surcharge.
The changes come into effect through the Criminal Justice Act 2003 (Surcharge) Order 2019.
The victim surcharge was first introduced in April 2007. Whenever the court passes sentence it must also impose the relevant victim surcharge. The amount of the surcharge depends on the sentence imposed and the age of the offender at the time of the offence. The surcharge can also be imposed on companies corporate and other organisations punished by the court.
Revenue raised from the victim surcharge is used to fund victim services through the Victim and Witness General Fund. A list of organisations funded by the surcharge can be found here.
The new victim surcharge for offences committed on or after 28th June 2019 are as follows:
For offenders aged 18 or over at the time of the offence:
- Conditional discharge = £21 (an increase of £1);
- Fine = 10 percent of fine value, subject to a minimum surcharge of £32 and a maximum surcharge of £181 (an increase of £2 on the previous minimum);
- Community order = £90 (an increase of £5);
- Suspended sentence order (6 months or less) = £122 (an increase of £7);
- Suspended sentence order (more than 6 months) = £149 (an increase of £9);
- Immediate custody (6 months or less) = £122 (an increase of £7).
- Immediate custody (6 months up to and including 2 years) = £149 (an increase of £9).
- Immediate custody (over 2 years to life) = £181 (an increase of £11).
For offenders aged under 18 at the time of the offence:
- Conditional discharge = £16 (an increase of £1);
- Fine, Youth Rehabilitation Order, Community Order, Referral Order = £21 (an increase of £1);
- Suspended sentence order = £32 (an increase of £2);
- Immediate custody = £32 (an increase of £2).
For convicted companies and organisations:
- Conditional discharge = £21 (an increase of £1);
- Fine = 10 percent of fine value, subject to a minimum surcharge of £32 and a maximum surcharge of £181 (an increase of £2 on the previous minimum).
Where an offender is dealt with in different ways only one surcharge (whichever attracts the higher sum) will be paid. Where there is more than one fine ordered, then the surcharge for the highest individual fine is assessed, not the total of all fines ordered. Where a custodial sentence is imposed the surcharge is based upon the longest individual sentence, not the aggregate term imposed.
If an offender is sentenced for multiple offences, one of which was committed when they were below the age of 18, then the surcharge imposed will be at the rate for under 18s.
The surcharge should not be repeated if an offender is subsequently convicted of breaching a conditional discharge, community order or suspended sentence order.
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