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The Equine Identification (Wales) Regulations 2019
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- Wales Statutory Instruments
- 2019 No. 57 (W. 20)
- PART 5
- Regulation 35
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Choosing to pursue civil sanctions instead of criminal penalties
35.—(1) An enforcing authority may impose a civil sanction, or a combination of civil sanctions, under Part 6 against a person (an “offender”) if the authority is satisfied beyond reasonable doubt that the offender is guilty of an offence described in Part 4.
(2) Subject to paragraph (3), criminal proceedings against an offender may not be started or continued if an enforcing authority, in respect of the offence—
(a)chooses to apply civil sanctions under paragraph (1); and
(b)serves on the offender—
(i)a compliance notice;
(ii)a non-compliance penalty notice; or
(iii)a fixed monetary penalty notice.
(3) If the offender fails to comply with civil sanctions served under paragraph (2)(b), the enforcing authority may start criminal proceedings.
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