39Hearing of offence by court

39 Hearing of offence by court

(1)  Subject to subsections (2) and (3) , if, within the time allowed by this Act, an alleged offender elects to have any of the offences set out in an infringement notice heard and determined by a court, the issuing authority may commence proceedings for all of the offences in that notice.

(2)  Court proceedings for the offence or offences set out in an infringement notice may only be brought if –

(a) the person on whom the infringement notice is served has lodged a notice of election in accordance with section 15 or 17 ; or

(b) the infringement notice is withdrawn by a non-fee-paying public sector body in order to prosecute the offence.

(3)  An alleged offender who is served with an infringement notice for an offence or offences and who –

(a) pays the penalty for any of those offences, in whole or in part; or

(b) applies for a variation of payment conditions in respect of any of those offences; or

(c) has not, within the period allowed, lodged a notice of election in accordance with section 15 or 17  –

is not entitled to elect to have any of the offences that are set out in the infringement notice heard and determined by a court.