Penalties for statutory offencesS
193 Power to mitigate penalties.S
In proceedings in respect of the contravention of any statute or order, where each 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.:—
(1)to reduce the period of imprisonment:
(2)to substitute for imprisonment (either with or without caution for good behaviour, not exceeding [F1the prescribed sum within the meaning of section 289B of this Act] and a period of 12 months) a fine . . . F2.
(3)to substitute the finding of caution not exceeding [F1the prescribed sum within the meaning of section 289B of this Act] and the period of 12 months for a fine or imprisonment:
(4)to reduce the amount of any fine:
(5)to dispense with the finding of caution:
Provided that,
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;
this section shall not apply to proceedings taken under any Act relating to any of Her Majesty’s regular or auxiliary forces.
Textual Amendments
F1Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 46(2)
F2Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 1, Sch. 8
[F3193A Fines on conviction on indicment to be without limit.S
[F4(1)]Where a person convicted on indictment of any offence (whether triable only on indictment or triable either on indictment or summarily [F5other than by virtue of [F6section 457A(4) of this Act]) would, apart from this [F7subsection] be liable to a fine [F8of or] not exceeding a specified amount, he shall by virtue of this [F7subsection] be liable to a fine of any amount.]
[F9(2)Where any Act confers a power by subordinate instrument to make a person liable on conviction on indictment of any offence mentioned in subsection (1) above to a fine or a maximum fine of a specified amount, or which shall not exceed a specified amount, the fine which may be provided in the exercise of that power shall by virtue of this subsection be a fine of an unlimited amount.]]
Textual Amendments
F4Word inserted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 17(a)
F5Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 37
F6Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 17(b)
F7Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 17(d)
F8Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 17(c)
193B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10S
Textual Amendments
F10S. 193B which was inserted by Law Reform (Miscellaneous Provisions) Act 1985 (c. 73, SIF 39:1), s.39, Sch. 3 para. 1 is now repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2