PART 3Enforcement and Appeals

Civil sanctions

43Monetary penalties: criminal proceedings and convictions

1

A penalty notice may not be given to a person in respect of an offence if—

a

criminal proceedings have been instituted but not concluded in respect of the offence, or

b

the person has been convicted of the offence.

2

Where a person has paid, or is required to pay, a monetary penalty under a penalty notice, no criminal proceedings may be instituted against the person in respect of the offence to which the notice relates.