The requirement is to provide those details within 28 days. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. 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. I was stopped by the police but haven't received my written warning. 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. WebOnce a Notice of Intended Prosecution or a verbal NIP has been received (eg in the police car after being stopped) the driver has to wait upto six months from the issue of the NIP written or verbal and if contested six months from the last correspondence in which the court can pursue him. It is for the accused to prove that he did not receive a warning (or the correct warning). It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. These rules apply irrespective of the alleged offence. 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, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. You must comply with a NIP within 28 days. 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. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. The police will often do both. Remember that this offence carries a significant 6 point penalty! This stems from the fact that a Notice of Intended Prosecution is sent under. It is possible that your car has been cloned. the offence of Speeding in Scotland) often cause a high degree of alarm. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence No. For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. If you receive a requirement for information and do not know who the driver was at the time of the alleged offence, it is essential that you take advice from a specialist motoring solicitor. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. This is the name of the police force prosecuting you. 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. It should also be noted that a section 1 warning does not require a particular form of words. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. However a warning for careless driving will not suffice in respect of dangerous driving as the latter is a more serious charge than the former. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. 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 information is intended to provide a basis for understanding the legislation. Common offences that require an NIP on the These forms are provided for the It is this person that must receive the warning within 14 days. Why So Much Free Information Whats The Catch? Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The time limits are the same irrespective of the offence. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . failing to conform with a traffic signal (eg. As amended through January 27, 2023. I've been away from home for the past 4 weeks. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. can you identify by reference to any diary where each person was at the relevant time; check mobile phones for the day in question (and earlier) to see if there are text messages, calls etc that may shed light on the whereabouts of any potential driver; check visa & credit cards to see if any of the potential drivers spent money on the route in question on the relevant date. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. 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. 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. 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). What happens if I do not comply with a NIP? Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. 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. WebNotice of Intended Prosecution NOIP | Metropolitan Police Notice of Intended Prosecution NOIP Freedom of information request reference no: 01.FOI.22.023001 I 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. 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. Or call our helpline: 01752 487701. If it was the other way around, however, you could only be convicted of careless driving. This could have major repercussions for you. On the other hand, if you are warned for dangerous driving, this will suffice. One will suffice. 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. What if I do not know who the driver was? Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. What can I do? The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged 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 But most Police forces do so. The Reminder does not extend the time for complying with the original Notice. The Notice is simply what the name suggests. The warning at the time does not require a specific form of wording so long as the meaning is clear. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. WebPENAL CODE. 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. We are road traffic law experts. 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. In criminal cases, the burden is usually on the prosecution to satisfy the court of a fact beyond reasonable doubt or to put it another way, so that the court is sure. The civilians report the matter to the police who visit the accused 10 days later. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. We are friendly and approachable. Therefore, it is not normally a defence to fail to respond to a requirement for driver details if it was served on the old address but not received due to the fact that the vehicles registered address was not kept up to date. provided a validly completed NIP as soon as was reasonably practicable but, outside the prescribed time limit & that it was reasonable for you to be late in replying; were unable to identify the driver or potential drivers despite making all reasonable enquiries as to who that might be. In the vast majority of cases, such a prosecution will not happen. 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. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. The civilians report the matter to the police who visit the accused 10 days later. For example, if you lease your car, the lessor will be the registered keeper. Please help. What happens if a limited company does not comply with a NIP? WebA Notice of Intended Prosecution must be sent within 14 days of the alleged offence (or in some instances of the offence coming to the attention of the police). 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 WebCompleting your form If you have received what people commonly call a 'speeding ticket', you will have had a 'Notice of Intended Prosecution' letter from Warwickshire Police. 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. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. Make a note of when and where you posted it; 7. While this may seem a decision with no risk of repercussions, you cannot be certain of that. The limited company is then under the same obligations as an individual so far as the NIP is concerned. 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. WebWhat is a notice of intended prosecution? CONTRAVENING TRAFFIC SIGN, SIGNALS & ROAD MARKINGS. Sec. (4) Schedule 1 to this Act shows the offences to which this section applies. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. 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. A Section 1 warning is not required for every alleged road traffic offence. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. 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. WebNotice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence 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. 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. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. Can the NIP be issued to a limited company? 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. Given that it is deemed served 2 days after it was posted (using first class post), this means that a NIP posted on July 1st will be deemed served on July 3rd & must be complied with by July 31st. the make & registration number of the vehicle; the date & time when the alleged offence was committed; and, you cannot identify the driver nor anyone who potentially could have been the driver; or. The warning at the time does not require a specific form of wording so long as the meaning is clear. WebIf you have any comments or complaints about enforcement please use the 101 non-emergency form and put for the attention of the Speed Detection Road Safety Team Leader. 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. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. This depends. 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. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. 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. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. In those circumstances a verbal warning will not suffice. 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. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. The main exception is if there is an accident. 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. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. Can I see photographic evidence relating to the offence? Where did it happen? 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. 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 Registered Keeper of the vehicle. It should also be noted that the burden of proof lies with the accused. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. This does not invalidate the warning. 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. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. 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. 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. The time limit for a written warning is 14 days from the date of the offence. You may then be well advised to liaise with DVLA on getting a new registration plate. 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. If the details are incorrect or, out of date then put the correct details in your reply; 5. Call us at 0151 601 3743 and get a free initial consultation. Failure to provide such information constitutes a separate offence. There are several factors on your possible disqualification from driving including the severity of the offence and whether you have penalty points on your driving licence. There is no legal obligation to respond to a Notice of Intended Prosecution. The validity of a complaint depends upon a number of factors. 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 is usually determined by whether you have been stopped by the police or not. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. This is because dangerous driving and careless driving are statutory alternatives by virtue of. What should I do? WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. 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. 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. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. 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. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. 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. From feedback we have received, our clients are not always sure if they have been issued with such a warning. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. WebCriminal Forms. 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. What Is A Notice Of Intended Prosecution? What if it was not my car caught by the camera? You can be convicted of careless driving. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. Seek legal advice straight away. See the learn more section for more details. 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. That person should have the V5C document for the vehicle. 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. Contained within the same letter is a requirement to identify the driver. In those circumstances there is no need for a warning. 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. 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). TITLE 1. Under s1 Road Traffic Offenders Act 1988, a Notice of Intended Prosecution must be issued to the driver or registered keeper of a vehicle identified as having been involved in a motoring offence. What if more than one person could have been the driver? 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. WebThe purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still Who is the registered keeper of a vehicle? 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. It is therefore important that you do comply with a NIP especially if you were not the driver at the time an offence was committed. Some detailed information in respect of certain offences is contained in our learn more boxes below. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. The two issues, although contained in the same letter and relating to the same incident, are quite separate. 2023 Notice of Intended Prosecution.org, Schedule 1 of the Road Traffic (Offenders) Act 1988, Careless Driving (Road Traffic Act 1988, section 3), Dangerous Driving (Road Traffic Act 1988, section 2), Speeding (various sections of the Road Traffic Regulation Act 1984), Failing to comply with traffic signs (Road Traffic Act 1988, section 36), Drink Driving (Road Traffic Act 1988, section 5), Failure to Provide a Sample (Road Traffic Act 1988, section 7), Causing death by dangerous or careless driving (Road Traffic Act 1988, sections 1 and 2B), Using a vehicle in a dangerous condition (Road Traffic Act 1988, section 40A), Driving while using a mobile phone (Road Traffic Act 1988, section 41D).