Criminal Procedure (Scotland) Act 1995

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

F1 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

Modifications etc. (not altering text)

C1 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