When a person is sentenced the court must order them to pay the victim surcharge. The victim surcharge1 is mandatory, there is no discretion, even for children.
The victim surcharge is used to fund victim services. The amount of the surcharge depends on the sentence:
OFFENCES COMMITTED ON OR AFTER 8 APRIL 2016
Defendants aged under 18 years old (at the date of the offence) Victim Surcharge
- A conditional discharge £15
- A fine, a Youth Rehabilitation Order or Referral Order £20
- A custodial sentence (all lengths)2 £30
OFFENCES COMMITTED BEFORE 8 APRIL 2016
Defendants aged under 18 years old (at the date of the offence) Victim Surcharge
- A conditional discharge £10
- A fine, a Youth Rehabilitation Order or Referral Order £15
- A custodial sentence (all lengths) £20
The court must order the parent or guardian of a child defendant aged ten to 15 to pay the victim surcharge and in relation to 16 and 17 year olds the court has a discretion to order a parent or guardian to pay. In both cases, the parent or guardian will not be ordered to pay if the court is satisfied that the parent or guardian cannot be found or it would be unreasonable to make an order for payment, having regard to the circumstances of the case.
For more information see the Sentencing Council website here.
- 1. Section 161A Criminal Justice Act 2003; Criminal Justice Act 2003 (Surcharge) Order 2012) and Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2016
- 2. When sentencing to immediate custody, no surcharge is payable if one or more of the offences was committed before 1 September 2014 – Criminal Justice Act 2003 (Surcharge) Order 2012 as amended by Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2014