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.