S.12GBCG Civil proceedings after criminal proceedings

Act & Section

S.12GBCG Civil proceedings after criminal proceedings

Type

Procedural

Process

Civil v Criminal Proceedings

What

Priority in jurisdictions

Observations

A Court must not make a declaration of contravention, a pecuniary penalty order or a relinquishment order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.

Act & Section

S.12GBCH Criminal proceedings during civil proceedings

Type

Procedural

Process

Civil v Criminal Proceedings

What

Priority in jurisdictions

Observations

(1)   Proceedings for a declaration of contravention, a pecuniary penalty order or a relinquishment order against a person for a contravention of a civil penalty provision are stayed if:

(a)   criminal proceedings are commenced or have already been commenced against the person for an offence; and

(b)   the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.

(2)   The proceedings for the declaration or order (the civil proceedings) may be resumed if the person is not convicted of the offence. Otherwise:

(a)   the civil proceedings are dismissed; and

(b)   costs must not be awarded in relation to the civil proceedings.

Act & Section

S.12GBCJ Criminal proceedings after civil proceedings

Type

Procedural

Process

Civil v Criminal Proceedings

What

Priority in jurisdictions

Observations

Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil penalty provision regardless of whether a declaration of contravention, a pecuniary penalty order, a relinquishment order or any other order has been made against the person in relation to the contravention.