How to Properly Deal with a Notice of Intended Prosecution The expression 'on a road or other public place' is employed frequently in road traffic legislation. Police across England and Wales will send out many . Where special reasons are put forward in cases of drink and driving, the court must consider the following factors, see Chatters v Burke [1986] 3 All ER 168: In DPP v Bristow [1998] RTR 100 the Divisional Court stated that the key question justices should ask themselves when assessing if such special reasons existed on which they might decide not to disqualify was this: what would a sober, reasonable and responsible friend of the defendant, present at the time, but himself a non-driver and thus unable to help, have advised in the circumstances, to drive or not to drive? Police and fiscal warnings, fixed penalty notices and compensation There must be evidence upon which a Court can properly infer that an employer gave a positive mandate or some other sufficient act to "cause" the offence to occur. . If you've been caught by a policeman operating a radar . There are no time limits on subsequent NIPs but there is an overall time limit of six months for a prosecution to begin. The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. It is no defence that the driver failed to see the sign. Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. GoSafe - Caught Speeding Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). For speeds significantly more excessive than the limit, penalty points and a fine will be issued. Our specialist lawyers have years of experience having dealt with 100s of cases with a high success rate. The effect is that the duty of the Director of Public Prosecutions to take over the conduct of all criminal proceedings instituted on behalf of a police force will not include a duty to take over specified proceedings. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. Why You Shouldn't Ignore A Notice of Intended Prosecution The prohibition may be applied for a specified period, or without limitation of time. For reasons, see DPP v O'Connor [1992] RTR 66. However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). Driving or attempting to drive while unfit through drink or drugs (section 4(1) RTA), Driving or attempting to drive with excess alcohol in breath, blood or urine (section 5(1)(a) RTA), and, where the Crown Court has made specific reference to matters which it has taken into account when sentencing, the prosecution should not revive or continue with summary offences the substance of which has been reflected in such a sentence. Know your possible technical defences to protect your licence. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. A taxi driver who had a licence to ply for hire in Rossendale and whose insurance covered him for the carriage of passengers for hire or reward under a public hire licence was not guilty of having no insurance in spite of plying for hire in Oldham, to which his licence did not extend. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. Summons Time Limit The notice of intended prosecution has to be sent to the registered keeper within 14 days, however if you were pulled over by the police for speeding they will have given your notice of intended prosecution at the roadside. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. The Notice must be sent to the registered keeper to arrive within 14 days of the offence. In R v Derwentside Justices ex parte Swift, R v Sunderland Justices ex parte Bate [1997] RTR 89 a section 9 statement was admitted in evidence from a constable who stated that he knew the defendant and had been present when he had been convicted and disqualified for two years on a previous occasion. (d) the weight or physical characteristics of the goods that the vehicle carries, Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. Most contraventions involving company vehicles result in the company being fined however there are instances where directors can also have points endorsed on their licence. Section 6 applies to the following offences under RTA 1988: Section 37 of the Vehicles (Crime) Act 2001 amends the time limit in the Theft Act. 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. Road Traffic - Summary Offences | The Crown Prosecution Service The above cases expanded upon the methods of proof outlined in R v Derwentside Justices ex parte Heaviside in particular allowing the prosecution to rely on similarity of name, date of birth and address. Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. What Happens If I Get A Ticket In My Lease Car? The time limit applies to the notice of intended prosecution. The NIP must be served on the registered keeper of the vehicle within 14 days of the offence otherwise the offence can't proceed to court. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. Very exceptionally, a prosecutor may feel it appropriate to verify documents, but: Sections 173 and 174 RTA 1988 and sections 44 and 45 Vehicle Excise and Registration Act 1994 (VERA 1994) create a number of offences concerning forgery, fraudulent actions and false statements in connection with various road traffic documents. The defence should also give notice that they will be seeking to advance special reasons. If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). Such a warning is normally known as a "notice of intended prosecution", or NIP. There is no direct binding authority on the definition of a 'false chart', but it is suggested that the following elements should be present: See also the decision of the Court of Appeal in R v Bishirgian, Howeson and Hardy [1936] 1 All ER 586 at page 591 and R v Osman, Mills and Chalker 09/01/93 (unreported, but copy of judgement held at HQ Library). So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period. 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; they'll be the same person or a family member in most cases, but sometimes it won't be so straightforward, and it'll be an unknown 'friend of a friend'. . If you do not complete and return the NIP/S172 notice correctly within the 28 day time limit, you face a separate charge of failing to notify driver's details, which is a 6 penalty point offence with a fine of up to 1,000. A prominent notice should also accompany any summons alleging the document offences. The same considerations will thus apply. Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence s.2(1) Magistrates' Courts Act 1980. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. . Notice of intended prosecution. However, a recent High Court case has offered some very useful clarity on the issue of time limits. This should be done with the approval of the court and in order to assist in determining the question of disqualification. It is no defence for that person to say that he or she thought the disqualification had expired. Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. Offences against traffic signs and police signals are dealt with in Sections 35, 36, 37 and 163 of the Road Traffic Act 1988. Failure to do so will entitle the prosecution not only to seek an adjournment but also to cross-examine the defendant on his failure to give such notice so that the court may consider whether that failure reflected upon his bona fides, see DPP v O'Connor [1992] RTR 66, an authority which is also helpful on the procedural requirements and the general approach to be adopted. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Other ways to contact the Speed Enforcement Unit. For a detailed explanation of the consequences of prosecution and your options for defending a speeding charge, get in touch which our expert road traffic solicitors today. Arrangements will then be made for the court to be informed about this. Difference between a NIP (notice of intended prosecution) and a Section etc. be warned at the time that he might be prosecuted for an offence, or, be served with a summons . Disobeying traffic signs. Speeding Fines, Tickets And Penalties Explained - Which? The Exception The prosecution is not required to serve a notice within 14 days if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which . The offence under section 11 of the Fireworks Act 2003. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road s.103 RTA 1988. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under s.87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. Whether such a warning was given "at the time" is a question of degree and the High Court will not interfere in a Magistrates' Court finding on the point if there is evidence to support that finding. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. When it applies, proceedings must be brought within six months from the date on which sufficient evidence came to the knowledge of the prosecutor to warrant proceedings but, in any event, they must not be brought more than three years after the commission of the offence. The driver of the vehicle has failed to comply with a requirement made under s.99(1) TA 1968; or, The driver has obstructed an officer exercising his powers under s.99(2) TA 1968 or s.99(3) TA1968; or, It appears to an officer that in relation to the vehicle or its driver there has been (or will be, if the vehicle is driven on a road) a contravention of s.96 TA1968 to s.98 TA 1968 or of the applicable Community rules; or. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. The notice of intended prosecution will be accompanied by a Section 172 notice, which you are required to complete to confirm the identity of the driver. Time which he necessarily spends travelling (from a point to take over a vehicle subject to that Regulation) which is not the driver's home or the employer's operational centre; and. Such a warning is normally known as a "notice of intended prosecution", or NIP. an admission under s.10 Criminal Justice Act 1967; fingerprint evidence pursuant to s.39 Criminal Justice Act 1948; and. Laying an information within the six months' time limit before deciding whether or not to prosecute may result in the proceedings being stayed as an abuse of process; see. It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. Where a defendant raises exceptional hardship as a reason for not being disqualified under the repeated offence provisions of s.35 RTOA 1988 it is appropriate for the prosecutor to question the defendant. Age prohibitions on driving are set out in s.101 RTA 1988. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. The offence under section 12 of the Criminal Justice and Police Act 2001. The prosecution do not have to call evidence that s.1 RTOA 1988 has been complied with unless the defendant proves, on a balance of probabilities, that no effective notice was given. Your co-operation is therefore in your own interests. The offence under section 87(1) of the Environmental Protection Act 1990. 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. . The time limit for service of the NIP is a very important aspect of a succesful prosecution therefore if there has been a delay you should get in touch with a solicitor and obtain case specific advice. Each case must be considered on its own facts to determine whether or not s148 applies. The Vehicle Excise and Registration Act 1994 (VERA) requires a mechanically propelled vehicle used or kept on a public road to be registered and licensed. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. July 19, 2019. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. by sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle. This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. The legal loophole you can use to avoid paying a speeding fine The offences under sections 55 and 56 of the British Transport Commission Act 1949. Failing to provide drivers identity carries 6 penalty points on your licence and up to 1000 fine. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. Driving Offences - Merseyside Road Safety Partnership Where the police refer a case involving a Self-balancing Personal Transporter to the CPS, the prosecutor should, as is usual, consider the facts of the case, having regard to the licensing considerations set out above, and apply the two stages of the full code test in the Code for Crown Prosecutors when deciding whether or not a prosecution should proceed. Here's everything you need to know and if you receive a Notice of Intended Prosecution. Courts should be aware of the opportunity to proceed in the defendant's absence thereafter if either a satisfactory production is made, or the defendant does not cooperate and fails to return. . What happens after a notice of intended prosecution? Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. However, if a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. The driver will then receive a notice of intended prosecution in his/her own name. GOV.UK is the place to find A circumstance peculiar to the offender, as distinguished from the offence, is not a special reason: see Whittall v Kirby [1946] 2 All ER 552. Under s.97AA TA1968 a person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 applies, shall be guilty of an offence. (2) The general nature of the offence is . Start now. Single Justice Procedure Notice. Periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No: 3821/85 before taking over a vehicle subject to that Regulation. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. Sometimes a similar document called a 'postal requisition' arrives instead. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. Following such a demand, no motorist who has not produced his or her driving documents at a police station should produce them to a court in answer to a charge or summons without having previously produced them at a police station for inspection. Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. The requires the keeper of the vehicle to identify the driver. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. NIPs can also be issued . Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. However there is an exemption if the Police cannot reasonably obtain the keeper's details within that time, for example if the DVLA has no keeper details or they are incomplete. (f) the horsepower or cylinder capacity or value of the vehicle, It should, however, be remembered that the driver is the 'person at the wheel; Falsification of records usually takes place to enable more journeys to be undertaken than would be possible during lawful working hours, thereby jeopardising road safety. (c) the number of persons that the vehicle carries, However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event.