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In those circumstances a verbal warning will not suffice. This satisfies the Notice of Intended Prosecution rules. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. Check that the notice contains your correct name, address and date of birth; If the details are incorrect or, out of date then put the correct details in your reply; Make a note of when and where you posted it; If you have an option to reply electronically or, online then that is a better course of action. If you admit to being the driver it does not necessarily follow that you accept having committed the offence as the police will still be required to prove all other aspects of the offence. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. 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. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. This is done by issuing a Notice of Intended Prosecution (NIP). 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. (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 place where 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. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. BURDEN OF PROOF. 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. What if more than one person could have been the driver? If the details are incorrect or, out of date then put the correct details in your reply; 5. It is this person that must receive the warning within 14 days. What should I do? do nothing at all & make no written response; or, return it validly completed but outside the prescribed time limit; or, the additional offence of failing to comply with the NIP. But most Police forces do so. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention ofsection 2orsection 3of the Road Traffic Act 1988. As an example, a speed of 95mph or more in a 70mph zone will generally always result in an SJPN being issued as this is speed too high for either a Speed Awareness Course or offer of a fixed penalty. 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. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. CONTRAVENING TRAFFIC SIGN, SIGNALS & ROAD MARKINGS. A case may be dismissed for want of prosecution on WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. WebNotice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. I got back last night and only saw the letter today. 2.01. The NIP is simply what the name suggests. On the other hand, if you are warned for dangerous driving, this will suffice. This could be money spent on petrol, refreshments etc. The police normally send the notice to the registered address of the vehicle according to DVLA records. Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. INTRODUCTORY PROVISIONS. 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. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. 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. 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. I was stopped by the police but haven't received my written warning. The name and address of the defendant. If there is also a requirement to identify the driver you still need to respond to this. The Police are not under a duty to send reminders. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. No. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. Does the Crown need to prove they sent a Notice of Intended Prosecution? See the learn more section for more details. The registered keeper has a separate legal obligation to ensure that this address is kept up to date and the NIP will be considered legally served if sent to the address recorded on the registration certificate (log book) for the vehicle. Points are relevant from date of offence to date of offence for any speeding charge. It should also be noted that the burden of proof lies with the accused. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. The time limit for an oral warning is strict. he or she has insurance to drive the vehicle at the time of the offence. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. The Notice is simply what the name suggests. That person should have the V5C document for the vehicle. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. WebPENAL CODE. For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. They do not, however, require to do both. Although a certain latitude can be allowed, significant errors as to time and/or place can potentially mean the Notice is invalid and cannot be relied upon by the prosecution. 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. 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. 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. The flash of a GATSO camera in your rear view mirror is often the start of that sinking feeling that lets you know that your licence may be in jeopardy. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. It will give you an idea where the offence took place and which court area will be dealing with the case. The driver has left the country. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. If, however, you are the registered keeper and you receive a written Section 1 warning after 14 days have elapsed then the prosecution against you may be fatally flawed. "Failure to provide", attracts a 6 penalty point endorsement. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. If a NIP is sent by first class post it is deemed served 2 days after it was posted irrespective of the fact that it went to an address provided by DVLA that is no longer current for you. What happens if a limited company does not comply with a NIP? WebWhere the police are required to serve a Notice of Intended Prosecution (NIP), the prosecution only needs to prove that they posted it so that you should receive it within 14 days. On the other hand, if you are warned for dangerous driving, this will suffice. Research shows that this is one of the fastest growing types of motor-related crime. failing to conform with a traffic signal (eg. You can be convicted of careless driving. Failure to do this is an offence in itself. WebNotice of Intended Prosecution Help. If it was the other way around, however, you could only be convicted of careless driving. 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. 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. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. 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. 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 Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. 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. For examaple the police may charge you with Speeding in Scotland but warn you that you could be prosecuted for careless or dangerous driving in Scotland. 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. Finally, it is very important to note that a late Notice of Intended Prosecution in no way removes 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. That person should then identify you as the driver. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). You must comply with a NIP within 28 days. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. This is because the letter usually also warns the driver that they may be prosecuted for Dangerous Driving in Scotland or Careless Driving in Scotland. CHAPTER 2. Contact us if you think it should be reopened. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window), section 1 of the Road Traffic Offenders Act 1988, Schedule 1 of the Road Traffic (Offenders) Act 1988, Section 1 Warning - Careless Driving in Scotland, section 1 of the Road Traffic (Offenders) Act 1988, section 24 of the Road Traffic (Offenders) Act 1988, section 2 of the Road Traffic (Offenders) Act 1988, Section 1 Warning - Dangerous Driving in Scotland. Here's a list of what you need to do: 1. the offence of Speeding in Scotland) often cause a high degree of alarm. Do I have to surrender both parts of my licence? Do I need to respond to the Notice of Intended Prosecution if I wasn't the driver/if I received it outwith 14 days etc. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. Such a subsequent warning must be delivered (a) within 14 days (which would be fulfilled in this example) and (b) must be in writing (which would not). Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. Please help. It should also be noted that a section 1 warning does not require a particular form of words. However it is clear that of real significance must occur and, often, near misses may constitute accidents. Webaction will be taken and a Notice of Intended Prosecution issued to the alleged perpetrator (which will happen without the reporting person being contacted); or; only in the unlikely event of the matter going to court will the reporting person need to be contacted; Penalties. 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. But they are not usually sufficiently serious so as to invalidate the Notice. The validity of a complaint depends upon a number of factors. Does it matter that my is spelled incorrectly? It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. The first, and most usual, is where a motorist has been captured by a speed camera. This depends. Am I disqualified from driving if I receive a Notice of Intended Prosecution? 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. Advice for motorists who have received notices of intended prosecution. The purpose of the NIP is to ensure that sufficient notice is given to the registered keeper or the driver of the vehicle that they could be prosecuted whilst events are still fresh in their mind. The matter will be referred to the magistrates court if you ignore the notice. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. 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. 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. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. If the recorded speed was too high for a speed awareness course (10 % above the speed limit + 9 mph is the usually applied threshold) then a fixed penalty may be offered. From feedback we have received, our clients are not always sure if they have been issued with such a warning. This occurred early last week at approx 3.00am on the Monday morning! Youll find information about the offence in the notice. You have to personally complete, sign and post it. But dont take our word for it. 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. In that time, I received a Notice of Intended prosecution for running a red light. For example, if you lease your car, the lessor will be the registered keeper. See our independent TrustPilot reviews. ), Patterson Law Limited is a law firm authorised and regulated by the. As you are liable for a 6-month driving ban under what is known as the totting up procedure when you reach 12 or more points, you do not want to get 6 points if you can avoid doing so. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. 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. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. What happens if I do not comply with a NIP? What can I do? In such cases a written warning must, subject to certain exceptions, be issued within 14 days. This is perfectly competent but it can also create confusion. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. 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.