58BFEffect of this Division on criminal proceedings

#### 58BF Effect of this Division on criminal proceedings (1) This Division does not: (a) require an infringement notice to be given in relation to an alleged offence against section 58AA or 58AE; or (b) affect the liability of a person to be prosecuted for an offence against section 58AA or 58AE if: (i) the person does not comply with an infringement notice, or a refusal notice given to the person under subsection 58BD(4), relating to the offence; or (ii) an infringement notice relating to the offence is not given to the person; or (iii) an infringement notice relating to the offence is given to the person and subsequently withdrawn; or (c) limit a court’s discretion to determine the amount of a penalty to be imposed on a person convicted of an offence against section 58AA or 58AE. (2) Evidence of an admission made by a person in notifying the Sheriff in accordance with an infringement notice of a reason why the Sheriff should withdraw the infringement notice is inadmissible in proceedings against the person for the alleged offence concerned. (3) Subsection (2) does not apply if the person gives evidence in the proceedings that is inconsistent with the admission.