199Power to mitigate penalties
(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.
(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.