Criminal Procedure (Scotland) Act 1975

Penalties for Statutory Offences S

394 Power to mitigate penalties. S

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;

[F1 (b) to substitute for imprisonment a fine which in the case of an offence triable either summarily or on indictment shall not exceed the prescribed sum (within the meaning of section 289B above), and in the case of an offence triable only summarily shall not exceed [F2 level 4 on the standard scale] (in either case, 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.

Textual Amendments

F1 S. 394(b) substituted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 11 para. 7

F2 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 7