When passing sentence on with an offender for most offences, a court is obliged to order the offender to pay a surcharge under section 42 of the Sentencing Act 2020 (SA 2020), also known as the Sentencing Code. This is often known as a ‘victim surcharge’ but this is a misnomer as the amount is not paid directly to a victim. For this reason, the term surcharge is preferred to victim surcharge. The amount of the surcharge is specified in the Criminal Justice Act 2003 (Surcharge) Order 2012, SI 2012/1696, arts 3–6. 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 offences in England and Wales. The aim behind the surcharge is to ensure offenders pay towards the cost of supporting the victims of crime generally. It does not go directly to victims. Instead, the payment goes into a cental government pot which then helps to fund independent domestic violence advisers, witness care units and voluntary