PART XIU.K. Sentencing

GeneralS

199 Power to mitigate penalties.S

(1)Subject to subsection (3) below, where a person is convicted of the contravention of an enactment and the penalty which may be imposed involves—

(a)imprisonment;

(b)the imposition of a fine;

(c)the finding of caution for good behaviour or otherwise whether or not imposed in addition to imprisonment or a fine,

subsection (2) below shall apply.

(2)Where this subsection applies, the court, in addition to any other power conferred by statute, shall have power—

(a)to reduce the period of imprisonment;

(b)to substitute for imprisonment a fine (either with or without the finding of caution for good behaviour);

(c)to substitute for imprisonment or a fine the finding of caution;

(d)to reduce the amount of the fine;

(e)to dispense with the finding of caution.

(3)Subsection (2) above shall not apply—

(a)in relation to an enactment which carries into effect a treaty, convention, or agreement with a foreign state which stipulates for a fine of a minimum amount; or

(b)to proceedings taken under any Act relating to any of Her Majesty’s regular or auxiliary forces. [F1; or

(c)to any proceedings in which the court on conviction is under a duty to impose a sentence under section 205A(2) or 205B(2) of this Act.]

(4)Where, in summary proceedings, a fine is imposed in substitution for imprisonment, the fine—

(a)in the case of an offence which is triable either summarily or on indictment, shall not exceed the prescribed sum; and

(b)in the case of an offence triable only summarily, shall not exceed level 4 on the standard scale.

(5)Where the finding of caution is imposed under this section—

(a)in respect of an offence which is triable only summarily, the amount shall not exceed level 4 on the standard scale and the period shall not exceed that which the court may impose under this Act; and

(b)in any other case, the amount shall not exceed the prescribed sum and the period shall not exceed 12 months.

Textual Amendments

F1S. 199(3)(c) and the preceding word "; or" inserted (20.10.1997 for specified purposes and otherwise prosp.) by 1997 c. 48, ss. 62(1), 65(2), Sch. 1 para. 21(23); S.I. 1997/2323, art. 3, Sch. 1

Modifications etc. (not altering text)