Section 5 General restriction on proceedings
England and Wales
Proceedings for the offence to which a penalty notice relates may not be brought F1during the period of 21 days beginning with the date on which the notice was given (“the suspended enforcement period”).
If the penalty is paid before the end of the suspended enforcement period, no proceedings may be brought for the offence.
Proceedings for an offence to which a penalty notice with an education option relates may not be brought against a person who has, by the end of the suspended enforcement period, asked to attend an approved educational course relating to the offence, unless section 4(8) applies.
If the person to whom a penalty notice with an education option is given—
completes, in accordance with regulations made under section 4(9), an approved educational course relating to the offence to which the notice relates, and
pays the course fee in accordance with those regulations,
no proceedings may be brought for the offence.
Subsection (1) does not apply if the person to whom the penalty notice was given has made a request to be tried.
Annotations
Textual amendments
- F1
Word in s. 5(1) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 23 para. 7(2); S.I. 2013/453, art. 4(e)
- F2
S. 5(2A)(2B) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 23 para. 7(3); S.I. 2013/453, art. 4(e)
Notes on Chapter 1
Modifications
- C1
Pt. 1 Ch. 1 extended (15.11.2003) by Police Reform Act 2002 (c. 30), ss. 38, 108, Sch. 4 para. 1(2)(a); S.I. 2003/2593, art. 2(d)
- C2
Pt. 1 Ch. 1 modified (26.12.2004) by The Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 (S.I. 2004/3166), art. 6