(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.