Criminal proceedings
8.—(1) If—
(a)a variable monetary penalty or compliance notice is served on any person, or
(b)a third party undertaking is accepted from any person,
that person may not at any time be convicted of the offence in respect of the act or omission giving rise to the variable monetary penalty, compliance notice or third party undertaking except in a case referred to in sub-paragraph (2).
(2) The case referred to in sub-paragraph (1) is a case where—
(a)a compliance notice is imposed on a person or a third party undertaking is accepted from a person;
(b)no variable monetary penalty is imposed on that person; and
(c)that person fails to comply with the compliance notice or third party undertaking.