Regulation 17 Variable monetary penalties: criminal proceedings and convictions
(1)
Where a variable monetary penalty is imposed on a person in relation to an offence, the person may not at any time be convicted of the offence in respect of the act or omission giving rise to the penalty.
(2)
Where an undertaking is accepted from a person in relation to an offence, the person may not at any time be convicted of the offence in respect of the act or omission giving rise to the undertaking, except in a case where—
(a)
no variable monetary penalty was imposed on the person in respect of the act or omission giving rise to the undertaking; and
(b)
the person fails to comply with the undertaking.