Practice and Procedure

R v JOHN BURKE (2013)

PUBLISHED June 6, 2013

[2013] EWCA Crim 1092

Enforcement of payment of a statutory surcharge should be undertaken by the magistrates' court pursuant to the Administration of Justice Act 1970 s.41; it did not fall under the Powers of Criminal Courts (Sentencing) Act 2000 s.139(2). A judge therefore had no power to fix a sentence in default for the payment of the statutory surcharge.

CA (Crim Div) (Rafferty LJ, Keith J, Judge Goss QC)