Cuthbertson, R. v

Cuthbertson, R. v

Section 161A of the Criminal Justice Act 2003 requires each court dealing with an offender for one or more offences to order payment of a surcharge, even if this results in more than one surcharge for offences arising from the same incident and pleaded to on the same occasion; the statute does not permit an exception based on fairness or the unity of proceedings.

Parties
Respondent: Regina; Appellant: Lee Anthony Cuthbertson
Jurisdiction
England and Wales
Judgment Date
16 December 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Surcharge Order
Outcome
Appeal dismissed
Legal Topics
Victim Surcharge, Sentencing, Committal for Sentence, Double Surcharge
Criminal Law Victim Surcharge Sentencing Committal for Sentence Double Surcharge

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Parties

Regina

Respondent

Lee Anthony Cuthbertson

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Surcharge Order

Legal Issues

  1. 1 Whether section 161A of the Criminal Justice Act 2003 requires both the magistrates' court and the Crown Court to order payment of a surcharge when offences are split between courts

Ratio Decidendi

Section 161A of the Criminal Justice Act 2003 requires each court dealing with an offender for one or more offences to order payment of a surcharge, even if this results in more than one surcharge for offences arising from the same incident and pleaded to on the same occasion; the statute does not permit an exception based on fairness or the unity of proceedings.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay a surcharge of £149 in respect of the ABH offence as ordered by the Crown Court