Section 43 Monetary penalties: criminal proceedings and convictionsI1
(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.