Jo Stevens – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Jo Stevens on 2016-04-20.

To ask the Secretary of State for Justice, on how many occasions a judicial officer has not imposed a victims surcharge or any other fine following a request to do so in each of the last three years.

Mike Penning

Courts are required to impose the victim surcharge on all offenders convicted of any offence, however those who receive an absolute discharge or a Hospital Order under the Mental Health Act 1983 are exempt from the surcharge.

In respect of fines, the sentence imposed in a particular case is based on the details of the offence and the offender, within the maximum penalties set out in statute and with due consideration to sentencing guidelines. The court is obliged to follow any sentencing guidelines unless it is contrary to the interests of justice to do so. If a court imposes a sentence outside the range indicated in the guidelines, it must state its reasons for doing so.