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Penalties.
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17.—(1) A person guilty of an offence under the Acts involving a trade description or under this Act shall, in lieu of any other fine or term of imprisonment, be liable—
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(a) on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment, or
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(b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment.
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(2) When considering what penalty (if any) under subsection (1) of this section is appropriate to an offence, the Court may take into consideration any advertisement published by or on behalf of the person convicted of the offence and correcting any misleading advertising, or any false or misleading description, statement or indication to which the offence relates.
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(3) (a) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence referred to in subsection (1) of this section of which a person was convicted summarily, it may, at its discretion, on the application (made before the time of such imposition or affirmation) of any person who was summoned as a witness on behalf of the prosecution in the proceedings in which the fine was imposed and who suffered personal injury, loss or damage resulting, wholly or partly, from the offence provide by order for the payment of the amount of the fine or of a specified part of it as compensation in respect of the injury, loss or damage to the person making the application.
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(b) An application shall not lie under paragraph (a) of this subsection in respect of any personal injury, loss or damage if proceedings claiming damages for the injury, loss or damage have been instituted in any court.
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(c) Where the whole or part of a fine imposed under this section is paid to a person pursuant to this subsection and the person is awarded damages by a court in respect of the personal injury, loss or damage to which the payment relates, the payment shall be deemed to be in satisfaction of so much of the damages as is equal to the amount of the payment.
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