sec.173Mitigation of punishment by justices

### sec.173 Mitigation of punishment by justices Subject as in this Act mentioned and notwithstanding any enactment to the contrary, when justices have authority under this Act or under any other Act, whether past or future, to impose imprisonment or to impose a fine for an offence punishable on summary conviction, such justices may, in the case of imprisonment, reduce the prescribed period thereof, and in the case of a fine, if it is imposed as in respect of a first offence, may reduce the prescribed amount thereof. Where in a case when either imprisonment or fine is imposed there is prescribed a requirement for the defendant to enter into the defendant’s recognisance and to find sureties for keeping the peace, or being of good behaviour, and observing some other condition, or to do any of such things, the justices may dispense with any such requirement or any part thereof. Where justices have authority under an Act other than this Act, whether past or future, to impose imprisonment for an offence punishable on summary conviction, and have not authority to impose a penalty for that offence, they may notwithstanding, when adjudicating on that offence, if they think that the justice of the case will be better met by a fine than by imprisonment, impose a penalty not exceeding 165 penalty units, and not being of such an amount as will subject the offender under the Penalties and Sentences Act 1992 , in default of payment of the penalty, to any greater term of imprisonment than that to which the person is liable under the Act authorising the imprisonment. s 173 amd 1985 No. 73 s 12 (1) ; 1988 No. 88 s 3 sch 1 ; 1992 No. 40 s 100 ; 1992 No. 48 s 207 sch (sec.173-ssec.1) Subject as in this Act mentioned and notwithstanding any enactment to the contrary, when justices have authority under this Act or under any other Act, whether past or future, to impose imprisonment or to impose a fine for an offence punishable on summary conviction, such justices may, in the case of imprisonment, reduce the prescribed period thereof, and in the case of a fine, if it is imposed as in respect of a first offence, may reduce the prescribed amount thereof. (sec.173-ssec.2) Where in a case when either imprisonment or fine is imposed there is prescribed a requirement for the defendant to enter into the defendant’s recognisance and to find sureties for keeping the peace, or being of good behaviour, and observing some other condition, or to do any of such things, the justices may dispense with any such requirement or any part thereof. (sec.173-ssec.3) Where justices have authority under an Act other than this Act, whether past or future, to impose imprisonment for an offence punishable on summary conviction, and have not authority to impose a penalty for that offence, they may notwithstanding, when adjudicating on that offence, if they think that the justice of the case will be better met by a fine than by imprisonment, impose a penalty not exceeding 165 penalty units, and not being of such an amount as will subject the offender under the Penalties and Sentences Act 1992 , in default of payment of the penalty, to any greater term of imprisonment than that to which the person is liable under the Act authorising the imprisonment.