Sentencing in the Criminal Courts:  The Victim Surcharge

The Judge or Magistrates will impose a sentence by referring to the Sentencing Guidelines. The sentence will depend on the facts of the individual case and how serious it is. Seriousness  is categorised in the guidelines as the:

-Harm caused or intended  (including physical,  psychological and damage to property) and the

-Culpability (blameworthiness) of the offender.

The Victim Surcharge is a standard amount applied to all sentences (although there are exceptions). The amount depends upon the sentence imposed and is set by legislation.  It is not related to the offence and is separate from any prosecution costs, fine or compensation.

The money raised from the surcharge is used to fund victim services through the Victim and Witness General Fund.

The amount of victim surcharge payable by individuals aged over 18 at the time of the offence (where committed on or after 16 June 2022):

Conditional discharge: £26

Fine: 40% of the total fine with a £2000 maximum

Suspended sentence of 6 months or less: £154

Suspended sentence of over 6 months: £187

Immediate custodial sentence of 6 months or less: £154

Immediate custodial sentence of between 6 months and 2 years: £184

Immediate custodial sentence of over 2 years: £228

Any fines, costs, surcharge, or compensation are generally payable in monthly instalments. The Court will normally seek payment terms so that the whole sum is paid within 12 months.  For somebody on certain benefits this is usually set at £20 per month.

For free initial legal advice about any criminal matter contact our team on: 01606592159.