The information provided on this website is true and accurate to the best of our knowledge and belief. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. I got back last night and only saw the letter today. he or she has insurance to drive the vehicle at the time of the offence. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. The police will often do both. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? The first, and most usual, is where a motorist has been captured by a speed camera. While a degree of latitude will be allowed, however, the evolution of the law makes clear that such warnings must be issued soon after the alleged offence 24 hours later, for example, will be too late. Failure to do this is an offence in itself. Where did it happen? If the requirement to provide this information is not complied with, a summons may be issued for failure to furnish information contrary to section 172 Road Traffic Act 1988. However, if there was a number of possible drivers you should include in response the names, addresses and dates of birth of them all, explaining why you are not sure who the driver was. All of our legal team formidable and committed trial lawyers.They have featured on TV, Radio and National Newspapers and have represented fellow solicitors, advocates, barristers, Queens Counsel, sports stars, members of the Royal Family and even police officers. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. Finally, it is very important to note that a late Notice of Intended Prosecutionin no wayremoves the legal obligation upon a person to identify the driver of a vehicle when required to do so under section 172 of the Road Traffic Act 1988. You can phone us on 0151 601 3743. (4) Schedule 1 to this Act shows the offences to which this section applies. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. A Notice of Intended Prosecution (NIP) is a notice issued by the police that informs an individual that they intend to prosecute them for a motoring offence. Therefore a driver MUST receive either a verbal warning at the time of the alleged offence or receive a written notice of intended prosecution within 14 days. See the learn more section for more details. Please help. The paperwork does not explain in simple terms what you need to do. Frank Rogers Law is authorised and regulated by the Solicitors Regulation Authority SRA no 800795, Registered Office: Unit 3 Stadium Court, Plantation Rd, Bromborough, Wirral, Merseyside CH62 3QG, Possible Offences Covered by a Notice of Intended Prosecution. For example, if you lease your car, the lessor will be the registered keeper. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. It is settled, therefore, that being charged with dangerous driving at the time of the incident will also fulfil the purpose of a section 1 warning. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. We always advise that you should do everything you can to identify the driver and provide all the information to the police that you have (including names and addresses of potential drivers). ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. It should also be noted that the burden of proof lies with the accused. Examples of how this can happen include: In the above situations, the person who receives the NIP is expected to make all reasonable enquiries of those who could have been the driver to see if they can establish who the driver was. If the police receive an admission from the person to whom the NIP has been issued that they were driving at the time of the offence there are three ways the matter can be progressed: If the offer of a speed awareness course is refused, the driver may accept a fixed penalty if one is available or alternatively they may elect to undergo Court proceedings. If there is also a requirement to identify the driver you still need to respond to this. Alternatively the matter may proceed straight to Court. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. A written Notice of Intended Prosecution must include the nature of the alleged offence and the date and place it was alleged to have been committed. They are that you: You should also plead not guilty if you returned a validly completed NIP within the prescribed time period but, the Police say your reply was not received. of prosecutions for certain offences. You should contest the charge & hopefully be able to evidence that neither you nor your car were at the location where the alleged offence occurred. If you are also the registered keeper, this may well mean that you have a defence against the charge. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. So, for example, someone is seen by civilians contravening a solid white line or witnessed undertaking or tailgating, all classic examples of careless driving in Scotland. But dont take our word for it. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988which provides: (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and placewhere it is alleged to have been committed, was(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.1A) A notice required by this section to be served on any person may be served on that person(a) by delivering it to him;(b) by addressing it to him and leaving it at his last known address; or(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. Have you received a Notice of Intended Prosecution (NIP)? In those circumstances there is no need for a warning. So, for example, someone is seen by civilians driving in an allegedly dangerous manner. Research shows that this is one of the fastest growing types of motor-related crime. It is also know as a section 1 warning. Typographical errors are excusable. See the learn more section for more details. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. that there are exceptions to this rule. Contained within the same letter is a requirement to identify the driver. What if I moved house and didn't receive the NIP? The civilians report the matter to the police who visit the accused 10 days later. If the driver of the vehicle was stopped by the police for example a person believed to have been speeding is followed and then pulled over by the police, the officer will usually issue a Verbal Notice of Intended Prosecution.If a verbal NIP has been given at the time of the offence, then the 1.Failure to Appear. If you want to appeal you have to go through the court, not the police. In those circumstances there is no need for a warning. In the vast majority of cases, such a prosecution will not happen. See our independent TrustPilot reviews. In order to identify the driver committing the offence, police must also usually serve a Notice of Intended Prosecution to the registered keeper of the vehicle concerned within 14 days of the offence. Failure to provide such information constitutes a separate offence. WebPENAL CODE. Therefore the knowledge of an experienced solicitor is invaluable at this stage.The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. Within the same letter will be a requirement to identify the driver. It is for the accused to prove that he did not receive a warning (or the correct warning). Common offences that require an NIP on the NIP offences list are; Speeding, careless driving and dangerous driving as well as traffic signal / sign offences. What can I do? Cloning happens when someone uses the same number plate that is registered to your car to avoid paying fines, road tax, insurance or engage in criminal activity. The emails claim that GMP are notifying you about a Notice of Intended Prosecution (NIP) and have photographic evidence that you failed to adhere to the speed limit at specific date, time and location. They mean two things: the police want to prosecute the driver of a vehicle for a driving offence; and the police want you to tell them who was driving. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. Its important to check your records for any penalty points on your driving licence. Finally we deal with some frequently asked questions. If the police have stopped you at the roadside and charged you with one of the above offences it is likely you will receive a verbal section 1 warning. Get the right support and representation at the earliest opportunity! You may have to go to Finally we deal with some frequently asked questions. While a degree of latitude will be allowed, however, the evolution of the law makes clear that such warnings must be issued soon after the alleged offence 24 hours later, for example, will be too late. The NIP should be accurate. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. The V5C, or vehicle logbook is a legal document issued by DVLA outlining essential information about the car like: date it was first registered; manufacturer; colour; engine size; and name of registered keeper. If you have received a Notice of Intended Prosecution (NIP) we know that you will be worried and you will want to check whether or not it is legally compliant with the requirements of Section 1 Road Traffic Offenders Act 1988. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of, Finally, it is very important to note that a late Notice of Intended Prosecution, A person cannot be convicted of careless driving in Scotland unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. A written Notice of Intended Prosecution must include the nature of the alleged offence and the date and place it was alleged to have been committed. Do I have to surrender both parts of my licence? A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. WebA Notice of Intended Prosecution (NIP) is a notice issued by the police that informs an individual that they intend to prosecute them for a motoring offence. For example, if you lease your car, the lessor will be the registered keeper. The law surrounding Dangerous Driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. Requirement of warning etc. Under this section, certain road traffic offences require the service of a Notice of Intended Prosecution (NIP) within 14 days of the date of the alleged offence. This is usually determined by whether you have been stopped by the police or not. In situations such as this, the authorities may request you to provide proof that: If you are unable to prove that the driver is insured, you may still be prosecuted for failure to furnish driver details or Permitting No Insurance. The limited company is then under the same obligations as an individual so far as the NIP is concerned. Are there any defences to not complying with a NIP? The police sometimes do not always use the words speeding or careless driving or dangerous driving. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. If no formal notice, termed a Notice of Intended Prosecution, is received by the registered keeper within 14 days then you can stop worrying as the registered keeper is required to receive such a notice within 14 days of the alleged contravention. It can be in oral or written form and we say more on this below. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. The warning at the time does not require a specific form of wording so long as the meaning is clear. That is probably when the worry sets in. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. If the police only charged you with speeding and only warned you that you may be prosecuted for speeding then you cannot be convicted of dangerous driving. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily need to be a collision or damage. Yes. Remember that this offence carries a significant 6 point penalty! Make a note of when and where you posted it; 7. (3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved. The messages are certainly of interest to the public and, given the insights they provide into how government (and the media) dealt with the pandemic The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. I've been away from home for the past 4 weeks. The warning at the time does not require a specific form of wording so long as the meaning is clear. The main exception is if there is an accident. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. There is no requirement for a warning if there has been an accident, for example, or the police failure is due to deliberate evasion on your part. I have received an endorsable fixed penalty ticket and need to send my licence off but I am going on holiday and need my licence. It is this person that must receive the warning within 14 days. It is settled, therefore, that being charged with careless driving at the time of the incident will also fulfil the purpose of a section 1 warning. A Section 1 warning is not required for every alleged road traffic offence. Near misses may constitute accidents but it will depend on the precise nature of the event. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The law provides that a warning for the lesser counts as a warning for the greater. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. The main exception is if there is an accident. The time limit for an oral warning is strict. In those circumstances there is no need for a warning. WebThe Ohio Attorney Generals Office and the Ohio Peace Officer Training Academy launched a $15 million pilot program to help fund continuing professional training (CPT) for law enforcement officers in 2022, per the biennial operating budget passed by the Ohio General Assembly in summer 2021. A Section 1 warning is not required for every alleged road traffic offence. All persons are The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. From feedback we have received, our clients are not always sure if they have been issued with such a warning. The NIP should give sufficiently clear information to: So far as the location is concerned it is insufficient for example to simply state M53 or M53 Wirral but M53 near J4 southbound would probably be sufficient. If you are a probationary driver & get 6 points for this offence your licence will be revoked. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. What should I do? WebIf you've been caught speeding by a speed camera, or you've been stopped by the police, you'll be sent a Notice of Intended Prosecution and a Section 172 Notice within 14 days. If you do not comply with a NIP & have no defence, your licence will be endorsed with 6 points & you will face a variety of financial penalties, including a fine. The notice is designed only for you to confirm that you were the driver or, for you to identify one other person as being the driver. Advice for motorists who have received notices of intended prosecution. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . The two issues, although contained in the same letter and relating to the same incident, are quite separate. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. You must still comply with a NIP received late & then argue the point when the case comes to Court. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. If the company fails to respond it cannot be subject to penalty points as only private individuals can have driving licences. If you cannot identify the driver, then you need to return the NIP with a covering letter either stating that: Make sure you send this response within the prescribed time limit & keep a copy of what you send. WebYour legal obligation concerning the offence remains unchanged and you must ensure that you respond to the Notice of Intended Prosecution / Requirement for Driver details as outlined on the Notice and explained under Information Process in the navigation Menu. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). The Laws of Noise An Common However it is clear that of real significance must occur and, often, near misses may constitute accidents. The notice is issued by the police in motoring cases. Moreover you can only be successfully prosecuted if you are warned for the correct offence. It has to be sent within 14 days of detection of the alleged offence and has to specify: the nature of the alleged offence date and time the alleged offence happened the place the alleged offence happened. No. We are road traffic law experts. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. In the event that the Procurator Fiscal's office seek to start proceedings in the absence of a timeous NIP (Notice of Intended Prosecution) then the driver MAY have a defence in terms of section 1 of the Road Traffic (Offenders) Act 1988. Again, remember to take off the day of the alleged offence. If you are being asked to name the driver, you should provide the details of the person you believe was driving. I got a letter from the Met Police saying someone driving what looks like our car broke the speed limited in North London - 20 miles away from where we live. However in certain circumstances the Crown may be precluded from obtaining a conviction. Sec. Failure to respond to a requirement for driver details will normally result in a prosecution for failure to furnish information contrary to s172 Road Traffic Act 1988. WebA Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. If you are caught doing this, you take the risk of an immediate prison sentence. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. Or call our helpline: 01752 487701. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 1 Road Traffic Offenders Act 1988. Does it matter that my is spelled incorrectly? The police must serve the notice on either the driver or the registered keeper. That person should then identify you as the driver. It is for the accused to prove that he did not receive a warning (or the correct warning). If it is served by post it should contain the following details: There are some exceptions to the rule that a notice must be served within 14 days of an alleged offence. There is no legal obligation to respond to a Notice of Intended Prosecution. We have found that the written warnings received by drivers caught on speed camera (i.e. A NIP may be issued for example for the following motoring offences: It is vital that you deal with it correctly as it is very easy to get the procedure wrong. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. If a driver fails to respond to such a requirement then he can still be charged with a contravention of section 172 which carries a punishment of 6 penalty points. A warning for careless driving will not suffice in respect of a subsequent prosecution for dangerous driving in Scotland as the latter is a more serious charge than the former. The time limits are the same irrespective of the offence. The deadline to respond is today. Can I be convicted of dangerous driving? This is perfectly competent but it can also create confusion. Its dated 16th January and the alleged offence was on the 14th January. he or she was in the country at the time of the offence; he or she has returned abroad or has gone abroad for an indefinite period; and. This happens more often than you think. The fact that you disagree with the allegation does not mean that you are entitled to withhold information in relation to the identity of the driver if it is required. (4) Schedule 1 to this Act shows the offences to which this section applies. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. failing to conform with a traffic signal (eg. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face WebNotice of Intended Prosecution Help. If those enquiries do not establish who the driver was the NIP should be returned with a covering letter listing: At this stage you need not include your enquiries in the written response, but you should document them in case you end up in court. This is made clear in, Therefore a driver MUST receive either a verbal warning at the time of the alleged offence or receive a written notice of intended prosecution within 14 days. Contact us if you think it should be reopened. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. You will be regarded as not having complied with a NIP if you: If you were the registered keeper of the vehicle & are regarded by the Police as not having complied with the NIP you are usually charged with; We offer a free initial consultation, no matter what type of driving offence charge you are facing. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. The matter will be referred to the magistrates court if you If you were stopped by the police it may have been given verbally. WebTo satisfy legislation under Section 1 of the Road Traffic Act 1988 the Notice of Intended Prosecution (NIP) has to be served within 14 days of the alleged offence on the References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. It would be best to get legal advice as to the exact basis on which you are going to contest the charge & the evidence that you and/or others may have to give. If you have received this email in error, please notify I was warned for dangerous driving but am being prosecuted for careless driving, I have received a NIP but the offence was more than 14 days ago, I have received a Notice of Intended Prosecution but know for a fact that my car was off the road. WebCriminal Forms. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. Am I disqualified from driving if I receive a Notice of Intended Prosecution? You must report the collision no matter who was at fault. If this happens to you, the first you will often know is when you receive written notification that a car with your registration plate has committed a driving offence, not paid parking charges, etc. You legal obligation to respond applies irrespective of time limits or whether you were the driver.
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