{
  "url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-199",
  "json_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-199.json",
  "legislation": "ukpga/1995/46",
  "legislation_title": "Criminal Procedure (Scotland) Act 1995",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995",
  "path": "section/199",
  "kind": "section",
  "number": "199",
  "heading": "Power to mitigate penalties.",
  "text": "(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—\n(a) imprisonment;\n(b) the imposition of a fine;\n(c) the finding of caution for good behaviour or otherwise whether or not imposed in addition to imprisonment or a fine,\nsubsection (2) below shall apply.\n(2) Where this subsection applies, the court, in addition to any other power conferred by statute, shall have power—\n(a) to reduce the period of imprisonment;\n(b) to substitute for imprisonment a fine (either with or without the finding of caution for good behaviour);\n(c) to substitute for imprisonment or a fine the finding of caution;\n(d) to reduce the amount of the fine;\n(e) to dispense with the finding of caution.\n(3) Subsection (2) above shall not apply—\n(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\n(b) to proceedings taken under any Act relating to any of Her Majesty’s regular or auxiliary forces. ; or\n(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.\n(4) Where, in summary proceedings, a fine is imposed in substitution for imprisonment, the fine—\n(a) in the case of an offence which is triable either summarily or on indictment, shall not exceed the prescribed sum; and\n(b) in the case of an offence triable only summarily, shall not exceed level 4 on the standard scale.\n(5) Where the finding of caution is imposed under this section—\n(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\n(b) in any other case, the amount shall not exceed the prescribed sum and the period shall not exceed 12 months.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/46/section/199",
    "retrieved_at": "2026-11-05T03:43:46.035735+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}