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What is a surcharge in criminal proceedings?

When a court orders the payment of a surcharge, it is imposing a financial order on an offender. This occurs following conviction for most types of offence in England and Wales. The aim behind the surcharge is to ensure offenders pay towards the cost of supporting the victims of crime. It does not go directly to victims. For this reason, the term surcharge is preferred to victim surcharge. The surcharge helps fund independent domestic violence advisers, witness care units and voluntary support groups by paying for the provision of emotional and practical support for victims.

For information on other financial penalties which can be imposed on conviction, see Practice Note: Fines imposed following criminal conviction and for information on costs orders which can be made on conviction, see Practice Note: Prosecution costs.

The surcharge is a mandatory charge—courts must make an order for the payment of the surcharge when it passes sentence on the convicted offender, unless the sentence is one that is specifically excluded under the Criminal Justice Act 2003 (Surcharge) Order