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. Vasilica 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. 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. What if I moved house and didn't receive the NIP? This is perfectly competent but it can also create confusion. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. 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. 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. But most Police forces do so. The Verbal Notice of Intended Prosecution. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Its important to check your records for any penalty points on your driving licence. Check that the notice contains your correct name, address and date of birth; If the details are incorrect or, out of date then put the correct details in your reply; Make a note of when and where you posted it; If you have an option to reply electronically or, online then that is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. The case has been brought against the person named here. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. Do I have to surrender both parts of my licence? It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. The information is intended to provide a basis for understanding the legislation. The notice is issued by the police in motoring cases. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. 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. 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 Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. of prosecutions for certain offences. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. 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. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. The main exception is if there is an accident. The Police are not under a duty to send reminders. The police sometimes do not always use the words speeding or careless driving or dangerous driving. A. Copyright Roadtrafficlaw.com Solicitors Ltd (c), 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. If a "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. You may have to go to Notice of Intended Prosecution (NIP) - Road Traffic WebWhat is a notice of intended prosecution? The Reminder does not extend the time for complying with the original Notice. 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. Why So Much Free Information Whats The Catch? This satisfies the Notice of Intended Prosecution rules. This article will guide you through the most important things you need to know about a Notice of Intended Prosecution, and how you can properly deal with it. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. 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. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. Have you received a Notice of Intended Prosecution (NIP)? Please note that this includes being given a verbal Notice of Intended Prosecution by a Police Officer on being stopped at the time of the alleged offence. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. This does not invalidate the warning. If it is not or, if DVLA mistakenly provides the wrong address to the Police, this does not give you a defence to a charge of not complying with a NIP. 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, 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. Notice of Intended Prosecution They are normally sent out when there is about 7 days of the original time limit remaining. A Director or, possibly a Fleet Manager should complete & return the NIP identifying the driver making it clear that they have authority to do so. The matter will be referred to the magistrates court if you ignore the notice. 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. I arrived home from work to a letter from the Metropolitan Police with a "NOTICE OF INTENDED PROSECUTION" Stating that "Under section 1 of the Road Traffic Offenders Act 1988, we intend to take proceedings against the driver of the following motor vehicle for the offence alleged below: This is made clear in. How to Properly Deal with a Notice of Intended Prosecution Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. Speeding The most common offences for which a warning is required are: Some common offences which do not require a Notice of Intended Prosecution include: A section 1 warning takes two main forms oral or written. However it is clear that something of real significance must occur. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. There is no legal obligation to respond to a Notice of Intended Prosecution. 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. 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 Common offences that require an NIP on the The police must serve the notice on either the driver or the registered keeper. 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. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. 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. The Laws of Noise An Under s2 (3) Road Traffic Offenders Act 1988, an exception to the requirement to serve a notice of intended prosecution may apply if the police are unable to trace the registered keeper of the vehicle within sufficient time to serve it within 14 days. NDAs and the Public Interest a beginners guide for Matt 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. These rules apply irrespective of the alleged offence. 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. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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.