Discretionary requirements: criminal conviction

(1) A person on whom a discretionary requirement is imposed may not at any time be convicted of an offence under this Act in respect of the act or omission giving rise to the requirement.

(2) Sub-paragraph (1) does not apply where—

  (a) a non-monetary discretionary requirement is imposed on the person,

  (b) no variable monetary penalty is imposed on the person, and

  (c) the person fails to comply with the non-monetary discretionary requirement