WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. This could be money spent on petrol, refreshments etc. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. 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. 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. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. Please help. However in certain circumstances the Crown may be precluded from obtaining a conviction. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. 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. A limited company facing this charge should seek legal advice as to how the failure to comply with the NIP can be explained & more importantly, what measures have been taken to avoid a recurrence. a red light), careless driving, dangerous driving or using a mobile phone whilst driving. What if I moved house and didn't receive the NIP? It should also be noted that the burden of proof lies with the accused. This is done by issuing a Notice of Intended Prosecution (NIP). However, this does not apply to Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. Notice of Intended Prosecution The Notice is simply what the name suggests. 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). It should also be noted that a section 1 warning does not require a particular form of words. 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. 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. 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. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). Here's a list of what you need to do: 1. Contained within the same letter is a requirement to identify the driver. Make a note of when and where you posted it; 7. See our independent TrustPilot reviews. the driver could have been one of a number of people but, you are not sure exactly who it was; where family members are involved in a long journey, often going on holiday & take turns to drive but have no recollection of who was behind the wheel when the speeding offence was committed; or, the car could be driven by more than one employee & no log was maintained to record who drove each vehicle on any specific day; or, where work colleagues share the driving on a long drive allowing each the opportunity to relax or deal with emails on their phone. See the learn more section for more details. Only that person can respond. The warning at the time does not require a specific form of wording so long as the meaning is clear. Motoring Offences No. 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. The key point is whether the proceedings were issued in time. 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. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. 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. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. Some detailed information in respect of certain offences is contained in our learn more boxes below. 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. I have a speeding ticket purportedly from the Met, but WebPENAL CODE. I was stopped by the police but haven't received my written 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. Typographical errors are excusable. 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. It is a warning that you may be prosecuted for a certain offence or offences. emails claim you were caught speeding Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. 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. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. ), Patterson Law Limited is a law firm authorised and regulated by the. If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. The information provided on this website is true and accurate to the best of our knowledge and belief. Notice of Intended Prosecution 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. WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). Notice of Intended Prosecution The driver has left the country. Speeding | Metropolitan Police Yes, subject to certain exceptions. 1.Failure to Appear. 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. What can I do? It should also be noted that the burden of proof lies with the accused. The main exception is if there is an accident. 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. If you want to appeal you have to go through the court, not the police. Common offences that require an NIP on the Therefore, it is rarely a good idea to ignore the NIP. The notice is issued by the police in motoring cases. Notice of Intended Prosecution Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. 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. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. As amended through January 27, 2023. 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. etc. If you were stopped by the police it may have been given verbally. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. You will receive the NIP within 14 days after the alleged crime. 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. 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. The Laws of Noise An It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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. 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 NIP and the requirement to identify the driver are often contained in the same letter. Who is the registered keeper of a vehicle? When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. 2.01. 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. What if I do not know who the driver was? 2023 Continuing Professional Training - Ohio Attorney General NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. 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. the offence of Speeding in Scotland) often cause a high degree of alarm. The police may also obtain the details of the directors of the company and issue separate documentation on them where the company does not cooperate with its requests for information. The main exception is if there is an accident. Sec. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. In those circumstances there is no need for a warning. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. 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). A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible 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, A person charged with Dangerous Driving in Scotland cannto be convicted unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. NJ Office of the State Comptroller If the company fails to respond it cannot be subject to penalty points as only private individuals can have driving licences. You need to complete part one, two or three on the notice to identify either yourself or someone else as 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. This happens more often than you think. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. This is perfectly competent but it can also create confusion. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. (4) Schedule 1 to this Act shows the offences to which this section applies. But most Police forces do so. You can phone us on 0151 601 3743. NDAs and the Public Interest a beginners guide for Matt Can the NIP be issued to a limited company? TITLE 1. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. NJ Office of the State Comptroller Speeding Call us now or complete a contact form on the right-hand side for advice about how to deal with a notice of intended prosecution. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. Notice of Intended Prosecution Can I be convicted of dangerous driving? RECEIVED COURT PAPERS FOR A MOTORING 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. Notice of intended prosecution Vasilica Ciobanu made this Freedom of Information request to Metropolitan Police Service (MPS) This request has been closed to new correspondence. Sharing dashcam footage 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. The warning at the time does not require a specific form of wording so long as the meaning is clear. 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. It should also be noted that the burden of proof lies with the accused. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not receive it. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. What is the charge? The NIP is simply what the name suggests. MET 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. The enquiries you should make of yourself & others include: Document the enquiries you make especially if they were made by email so that you can demonstrate the lengths you went to, so as to identify the driver. 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. In those circumstances there is no need for a warning. Their phone lines are closed and I can't speak to anyone via 101. What Happens Next After Notice Of Prosecution? - Slater The 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 fresh in their memory. It should also be noted that the burden of proof lies with the accused. Notice of Intended Prosecution 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. No. that there are exceptions to this rule. 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. 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. 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. Notice of Intended Prosecution Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. This satisfies the Notice of Intended Prosecution rules. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. The confusion arises because the two matters are often included in the same letter. It can be in oral or written form and we say more on this below. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. INTRODUCTORY PROVISIONS. If there is also a requirement to identify the driver you still need to respond to this. 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. The two issues, although contained in the same letter and relating to the same incident, are quite separate. However it is clear that something of real significance must occur. The requirement is to provide those details within 28 days. Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. Notice of Intended Prosecution This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. Notice of Intended Prosecution They do not, however, require to do both. Again, remember to take off the day of the alleged offence. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. The civilians report the matter to the police who visit the accused 10 days later. WebA Notice of Intended Prosecution (NIP), also known as a Section 1 warning, is a warning issued under Section 1 of the Road Traffic (Offenders) Act 1988. Posting the notice within 14 days Vasilica Notice of Intended Prosecution (NIP) - Road Traffic So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15th day of the month, (Your answer will take you to another page on the site. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. The warning at the time does not require a specific form of wording so long as the meaning is clear. 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. 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. Metropolitan Police The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. That person should then identify you as 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. A. We are road traffic law experts. Some detailed information in respect of certain offences is contained in our learn more boxes below. 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 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. It is also know as a section 1 warning. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. 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). This is usually determined by whether you have been stopped by the police or not.