Criminal Procedure (Scotland) Act 1975

394 Power to mitigate penalties

In a summary prosecution for the contravention of any statute or order, where such contravention involves any of the following punishments, namely, imprisonment, the imposition of a fine, the finding of caution for good behaviour or otherwise, either singly or in combination with imprisonment or fine, the court shall have in addition to any other powers conferred by Act of Parliament the following powers, viz.:—

(a) to reduce the period of imprisonment:

(b) to substitute a fine not exceeding £100 for imprisonment (either with or without caution for good behaviour, not exceeding the amount and the period competent under this Part of this Act):

(c) to substitute the finding of caution as provided for in this Part of this Act for a fine or imprisonment:

(d) to reduce the amount of any fine:

(e) to dispense with the finding of caution :

Provided that—

(i) where any Act carries into effect a treaty, convention or agreement with a foreign state, and such treaty, convention or agreement stipulates for a fine of minimum amount, the court shall not be entitled by virtue of this section to reduce the amount of such fine below that minimum amount;

(ii) this section shall not apply to proceedings taken under any Act relating to any of Her Majesty's regular or auxiliary forces.