Part 3

Civil sanctions

Discretionary requirements

Discretionary requirements: criminal proceedings and conviction
44
1
Provision under section 42 must secure the result in subsection (2) in a case where—
a
a discretionary requirement is imposed on a person, or
b
an undertaking referred to in section 43(5) is accepted from a person.
2
The result in this subsection is that the person may not at any time be convicted of the relevant offence in respect of the act or omission giving rise to the discretionary requirement or undertaking except in a case referred to in subsection (3).
3
The case referred to in subsection (2) is a case where—
a
a non-monetary discretionary requirement is imposed on the person or an undertaking referred to in section 43(5) is accepted from a person,
b
no variable monetary penalty is imposed on the person, and
c
the person fails to comply with the non-monetary discretionary requirement or undertaking.
4
Provision under section 42 may for the purposes of the case referred to in subsection (3) extend any period within which criminal proceedings may be instituted against the person.