Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 20 January 2013 to date (accessed 25 May 2013 at 15:10)
235 Penalty notices
(1) A police officer may serve a penalty notice on a person if it
appears to the officer that the person has committed an offence against this
Act or the regulations, being an offence prescribed by the regulations as a
penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person
served does not wish to have the matter determined by a court, the person can
pay, within the time and to the person specified in the notice, the amount of
penalty prescribed by the regulations for the offence if dealt with under this
section.
(3) A penalty notice may be served personally or by
post.
(4) If the amount of penalty prescribed for an alleged offence is paid
under this section, no person is liable to any further proceedings for the
alleged offence.
(5) Payment under this section is not to be regarded as an admission
of liability for the purpose of, and does not in any way affect or prejudice,
any civil claim, action or proceeding arising out of the same
occurrence.
(6) The regulations may:(a) prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision creating the offence,
and
(b) prescribe the amount of penalty payable for the offence if dealt
with under this section, and
(c) prescribe different amounts of penalties for different offences or
classes of offences.
(7) The amount of penalty prescribed under this section for an offence
is not to exceed the maximum amount of penalty that could be imposed for the
offence by a court.
(8) This section does not limit the operation of any other provision
of, or made under, this or any other Act relating to proceedings that may be
taken in respect of offences.