We are friendly and approachable. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). That person should have the V5C document for the vehicle. Some detailed information in respect of certain offences is contained in our learn more boxes below. No. 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. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. 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. When is a Notice of Intended Prosecution deemed Served? In those circumstances there is no need for a warning. If another driver is Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. We have found that the written warnings received by drivers caught on speed camera (i.e. 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. 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. BURDEN OF PROOF. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. I've been away from home for the past 4 weeks. 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. 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. INTRODUCTORY PROVISIONS. This is because the letter usually also warns the driver that they may be prosecuted for dangerous driving or careless driving. Within the same letter will be a requirement to identify the driver. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. We are invited, founder members of the Association of Motor Offence Lawyers. In such a situation, if you were driving and wish to challenge the allegation the best course of action will almost certainly be to confirm that you were the driver and to elect for the matter to be subject to Court proceedings. 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 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. They are normally sent out when there is about 7 days of the original time limit remaining. That person should then identify you as the driver. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. The police must serve the notice on either the driver or the registered keeper. Here's a list of what you need to do: 1. The civilians report the matter to the police who visit the accused 10 days later. As addressed above, under DCF policies adopted in 2011 that remain in effect today, DCPP is required to accept and investigate all reports and referrals of child-on-child sexual abuse and child-on-child This satisfies the Notice of Intended Prosecution rules. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. The Notice of Intended Prosecution (NIP) will ask the registered keeper of the vehicle to name the driver or rider at the time of the alleged offence; theyll be the same person or a family member in most cases, but sometimes it wont be so straightforward, and itll be an unknown friend of a friend. You will receive the NIP within 14 days after the alleged crime. If you think any errors in relation to your details are important, get professional advice. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. This is the name of the police force prosecuting you. 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. Your Enquiry Details: (required) The law surrounding careless driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. 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. WebThe first indication a vehicle has been involved in a road traffic offence is the receipt by the registered keeper of a Notice of Intended Prosecution (NIP), combined with a requirement to provide details of the driver. WebIf a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. This happens more often than you think. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. 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. 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. Points are relevant from date of offence to date of offence for any speeding charge. The law provides that a warning for the lesser counts as a warning for the greater. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. (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. 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. Get the right support and representation at the earliest opportunity! It is for a speeding offence on a motor scooter which yes, we own, but it was nowhere near London when the alleged offence took place. THE RULE IN PRACTICE. 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. 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). Typographical errors can generally be disregarded, however more fundamental errors can bring the case to an abrupt end if challenged at the correct stage of proceedings. 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. The Laws of Noise An It is also know as a section 1 warning. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. The first notice must be sent to the registered keeper of the vehicle Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. The driver has left the country. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. that there are exceptions to this rule. The civilians report the matter to the police who visit the accused 10 days later. the offence of Speeding in Scotland) often cause a high degree of alarm. Apart from the available photographic evidence which may immediately show that you could not have been the driver, Police have recently started using mobile phone masts to establish the location of an individuals phone when the alleged offence was committed. Am I disqualified from driving if I receive a Notice of Intended Prosecution? Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. If the details are incorrect or, out of date then put the correct details in your reply; 5. 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. You will be regarded as not having complied with a NIP if you: The NIP should give sufficiently clear information to: The enquiries you should make of yourself & others include: Causing Death or Serious Injury By Dangerous Driving. We have the highest satisfaction rating of any road traffic firm in the UK. WebIf you have been caught speeding or have committed a traffic offence that has been caught on camera, then the police will serve a Notification of Intended Prosecution (NIP) together with a document known as a Section 172 notice. The main exception is if there is an accident. This offence carries 6 penalty points on conviction, which is a higher penalty for most offences in relation to which the NIP has been issued. The key point is whether the proceedings were issued in time. This could have major repercussions for you. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. 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. Advice for motorists who have received notices of intended prosecution. The name and address of the defendant. This is perfectly competent but it can also create confusion. In the vast majority of cases, such a prosecution will not happen. However it is clear that something of real significance must occur. need to be a collision or damage. 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. The first, and most usual, is where a motorist has been captured by a speed camera. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. Their phone lines are closed and I can't speak to anyone via 101. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. The main exception is if there is an accident. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. A. There may be a further delay before you receive them. 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. The deadline to respond is today. 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 In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. It is this person that must receive the warning within 14 days. If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. 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 same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. However it is clear that of real significance must occur and, often, near misses may constitute accidents. Who is the registered keeper of a vehicle? Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. 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. The Police are not under a duty to send reminders. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. The second is where the police have receive a report from a member of the public of a relevant offence or the police have witnessed an incident but not warned the driver at the time. 1.Failure to Appear. Or call our helpline: 01752 487701. 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. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. 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. 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 etc. A Section 1 warning is not required for every alleged road traffic offence. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). WebIf a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. The notice is issued by the police in motoring cases. However, this does not apply to 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 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. It is for the defence to prove that the section has not been complied with. Seek legal advice straight away. One will suffice. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. 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. All persons are Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. What should I do? The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. It should also be noted that a section 1 warning does not require a particular form of words. They do not, however, require to do both. Finally we deal with some frequently asked questions. A motorist caught on speed camera should receive a written warning, for example. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. 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. You may then be well advised to liaise with DVLA on getting a new registration plate. If you were stopped by the police it may have been given verbally. PROOF BEYOND A REASONABLE DOUBT. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. We are road traffic law experts. For example, if you lease your car, the lessor will be the registered keeper. 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. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. What is the charge? It should also be noted that the burden of proof lies with the accused. 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. 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. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. "Failure to provide", attracts a 6 penalty point endorsement. The time limits are the same irrespective of the offence. Does it matter that my is spelled incorrectly? Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? The European Court of Human Rights decided that drivers do not have a right of silence and ARE required to answer the identity question in terms of Section 172 of the Road Traffic Act. For example, if you lease your car, the lessor will be the registered keeper. Finally we deal with some frequently asked questions. 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. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. 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). We do not charge for initial consultations and often provide free advice especially in the early stages of a case. The police will often do both. If the offence requires a Notice of Intended Prosecution to be served, remember that the first NIP has to be received within 14 days of the alleged offence. The case has been brought against the person named here. 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. 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. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. It is this person that must receive the warning within 14 days. The Notice is simply what the name suggests. 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 police normally serve the initial NIP and requirement for identity of the driver on a limited company if it is the registered keeper of the vehicle.