victim surcharge to increase - and be payable by a wider range
of offenders
This article highlights changes to the victim surcharge that
come into effect for offences on or after 1 October 2012.
what is it?
The victim surcharge was first implemented in 2007 and was
payable at a rate of £15 by any offender ordered to pay a fine in
the Magistrates' Court or Crown Court. All monies raised through
the victim surcharge are collected and distributed to assist and
support those people who have been victims of crime.
how is it changing?
On 2 July 2012 the Government published a response to the
consultation entitled 'Getting it Right for Victims and Witnesses'
and proposed to increase the value of the surcharge ordered with
fines and to extend it so that it would be payable by a wider range
of offenders.
A Court must order the victim surcharge when it deals with an
offender in respect of an offence committed on or after 1 October
2012 on the following basis:
offenders under 18 years at the time the offence was
committed
| Conditional
Discharge |
£10 |
| Fine |
£15 |
| Youth Rehabilitation Order |
£15 |
| Referral Order |
£15 |
| Adult Community Order |
£15 |
| Suspended Sentence of Imprisonment |
£20 |
| Custodial Sentence (all lengths) |
£20 |
offenders over 18 years at the time the offence was
committed
| Conditional
Discharge |
£15 |
| Fine |
10% of the fine
value with a £20 min and £120 max (to be rounded up to the nearest
£1) |
| Community Sentence |
£60 |
| Immediate Custodial Sentence |
£80 – six months and below |
| |
£100 – over six months and up to and
including two years |
| |
120 – over two years |
| Suspended Sentence of Imprisonment |
£80 – six months and below |
| |
£100 – over six months and up to and
including one year
|
additional points to note
The victim surcharge will initially only be payable by an
offender subject to an immediate custodial sentence when imposed by
the Crown Court but not the Magistrates' Court. This discrepancy
will be remedied in the near future we understand after legislation
is introduced.
According to a circular distributed by the Ministry of Justice
on 28 September 2012 it is envisaged that where a court imposes
more than one disposal for one or more offences, the surcharge
should be ordered against the individual disposal attracting the
highest surcharge amount. This principle applies whether the types
of disposal ordered are the same (eg multiple fines) or different
eg a fine and a community sentence. So for example if in relation
to two offences if that person is fined £100 and £200 the surcharge
would be 10% of the higher amount ie £20.
Where an offender is sentenced for a single offence committed
before 1 October 2012 the old scheme (£15 flat fee where a fine has
been imposed) will continue to apply.
When an offender is sentenced for more than one offence at least
one of which was committed before 1 October 2012 the 'old scheme'
applies.
When a court deals with an adult offender for more than one
offence all of which were committed after 1 October 2012, but where
at least one of those offences was committed when under 18, the
Surcharge should be ordered at the rate for under 18's.
Tim Williamson, head of the Motoring Offences team at Blake
Lapthorn commented: "This is an important change and is likely to
prove controversial, particularly with motorists. I imagine that
the Government will have difficulty 'selling' this change to an
increasingly sceptical motoring public. In my view the Government
needs to recognise that there is work to be done to sell this
change to motorists and set about doing so. The rationale behind
the scheme; that money should be allocated to help those who have
suffered as a result of crime ought not to be particularly
controversial. The question is where should that money come from?
Should such funds be paid for out of taxation? As with many of its
legal developments over the years, there is a risk that the merit
of what is a laudable and worthwhile objective is lost and viewed
as yet another stick to be used to beat the motorist. Many
motorists in Oxford and throughout the country in fact are
sceptical when they are first told about the surcharge because they
believe that there is no victim in a case such as speeding. The
case for change needs to be made and it needs to be made swiftly
and persuasively by those who have sought to introduce it."
