PART XI

Sentencing

General

Power to mitigate penalties.
199
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. ; 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.
S. 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
S. 199(2)(b) excluded (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 48(2), 62(2); S.S.I. 2010/357, art. 2