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. Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. The photos provided show a car which is identical and with the same licence number. The two issues, although contained in the same letter and relating to the same incident, are quite separate. You have to personally complete, sign and post it. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. Seek legal advice straight away. It is for a speeding offence The main exception is if there is an accident. If the police receive an admission from the person to whom the NIP has been issued that they were driving at the time of the offence there are three ways the matter can be progressed: If the offer of a speed awareness course is refused, the driver may accept a fixed penalty if one is available or alternatively they may elect to undergo Court proceedings. What if I do not know who the driver was? If the vehicle was not stopped at the time it may be served by post on the registered keeper of the vehicle within 14 days. The main exception is if there is an accident. We use cookies to help improve your experience and our services. If you are also the registered keeper, this may well mean that you have a defence against the charge. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. That person should then identify you as the driver. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. 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. 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. 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. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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 However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. The limited company is then under the same obligations as an individual so far as the NIP is concerned. This depends. If you are caught doing this, you take the risk of an immediate prison sentence. When you PROOF BEYOND A REASONABLE DOUBT. If it was the other way around, however, you could only be convicted of careless driving. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not receive it. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. speeding). 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 NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. Research shows that this is one of the fastest growing types of motor-related crime. 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. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. No. It is another matter, however, if your name is completely incorrect. WebNotice of Intended Prosecution Help. However, it does not have a driving licence so it cannot get points. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. I have got a fixed penalty notice. 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. All of our legal team formidable and committed trial lawyers.They have featured on TV, Radio and National Newspapers and have represented fellow solicitors, advocates, barristers, Queens Counsel, sports stars, members of the Royal Family and even police officers. This is usually determined by whether you have been stopped by the police or not. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. The case has been brought against the person named here. One will suffice. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. We have found that the written warnings received by drivers caught on speed camera (i.e. 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. If you want to appeal you have to go through the court, not the police. However, this does not apply to Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. A motorist caught on speed camera should receive a written warning, for example. Therefore, it is important to make sure that the address on your licence & the address DVLA have for any vehicle registered to you is current. Enforcement procedure 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. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. What if it was not my car caught by the camera? Posting the notice within 14 days If a car is registered to a limited company, or the company is the customer of the lease company the NIP will be sent to the limited company. It can be in oral or written form and we say more on this below. 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. This is the name of the police force prosecuting you. While this may seem a decision with no risk of repercussions, you cannot be certain of that. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. If you think any errors in relation to your details are important, get professional advice. WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). Therefore, it is rarely a good idea to ignore the NIP. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. The police officers who want to be armed are perhaps the ones who should not be police without prior notice to Hancock or to any of the third parties with whom Hancock messaged. If another driver is The Police are not under a duty to send reminders. In that time, I received a Notice of Intended prosecution for running a red light. 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. 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. What should I do? Does it matter that my is spelled incorrectly? We have the highest satisfaction rating of any road traffic firm in the UK. WebNotice of Intended Prosecution NOIP | Metropolitan Police Notice of Intended Prosecution NOIP Freedom of information request reference no: 01.FOI.22.023001 I 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 first, and most usual, is where a motorist has been captured by a speed camera. Have you received a Notice of Intended Prosecution (NIP)? A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. 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. 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. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. This could be money spent on petrol, refreshments etc. 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. 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 first, and most usual, is where a motorist has been captured by a speed camera. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. 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. For example, if you lease your car, the lessor will be the registered keeper. 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. BURDEN OF PROOF. 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. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. 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. 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. A Section 1 warning is not required for every alleged road traffic offence. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. 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. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. When you receive it, you'll notice that the process can be confusing. that there are exceptions to this rule. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of section 2 or section 3 of the Road Traffic Act 1988. The time limits are the same irrespective of the offence. The response form included is for the requirement, not the Notice. The matter will be referred to the magistrates court if you The V5C, or vehicle logbook is a legal document issued by DVLA outlining essential information about the car like: date it was first registered; manufacturer; colour; engine size; and name of registered keeper. This is made clear in. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. the offence of speeding) often cause a high degree of alarm. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. The validity of a complaint depends upon a number of factors. Yes. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. It is for the accused to prove that he did not receive a warning (or the correct warning). 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 police will often do both. If you were stopped by the police it may have been given verbally. The police officers who want to be armed are perhaps the ones who should not be police without prior notice to Hancock or to any of the third parties with whom Hancock messaged. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. You must comply with a NIP within 28 days. The NIP is simply what the name suggests. Within the same letter will be a requirement to identify the driver. Make a note of when and where you posted it; 7. need to be a collision or damage. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. ), Patterson Law Limited is a law firm authorised and regulated by the. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. 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 In those circumstances there is no need for a warning. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. 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. 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. of prosecutions for certain offences. But most Police forces do so. 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. Cars are cloned more often than you might imagine. I suspect it is a scam. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. a red light); use of mobile phone while driving or dangerous driving. 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. If there is also a requirement to identify the driver you still need to respond to this. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988which provides: (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and placewhere it is alleged to have been committed, was(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.1A) A notice required by this section to be served on any person may be served on that person(a) by delivering it to him;(b) by addressing it to him and leaving it at his last known address; or(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. I have got a fixed penalty notice but I cannot afford to pay the whole amount. It should also be noted that the burden of proof lies with the accused. If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. That is probably when the worry sets in. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. Contained within the same letter is a requirement to identify the driver. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. The police will often do both. We are road traffic law experts. Where did it happen? 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 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). Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. This is usually determined by whether you have been stopped by the police or not. 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. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. In the vast majority of cases, such a prosecution will not happen. 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. 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 most common offences for which a warning is required are: in Scotland(Road Traffic Act 1988, section 3), If the police have stopped you at the roadside and charged you with the offence of, , it is likely you will receive a verbal section 1 warning. 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. You will receive the NIP within 14 days after the alleged crime. The information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. So, for example, someone is seen by civilians driving in an allegedly dangerous manner. 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. 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 messages are certainly of interest to the public and, given the insights they provide into how government (and the media) dealt with the pandemic What happens if I do not comply with a NIP? It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. It is also know as a section 1 warning. the offence of Speeding in Scotland) often cause a high degree of alarm. A. 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). 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 There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. Yes, subject to certain exceptions. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. This happens more often than you think. It should also be noted that the burden of proof lies with the accused. INTRODUCTORY PROVISIONS. This could have major repercussions for you. You must still comply with a NIP received late & then argue the point when the case comes to Court. The information provided on this website is true and accurate to the best of our knowledge and belief. 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. You should contest the charge & hopefully be able to evidence that neither you nor your car were at the location where the alleged offence occurred. The police must serve the notice on either the driver or the registered keeper. It is for the defence to prove that the section has not been complied with. See the learn more section for more details. WebNotice of Intended Prosecution (NIP) Section 172 notice You must return the Section 172 notice within 28 days, telling the police who was driving the car. It can only be issued at the time of the offence. Call us at 0151 601 3743 and get a free initial consultation. However it is clear that of real significance must occur and, often, near misses may constitute accidents. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 Failure to respond to a requirement for driver details will normally result in a prosecution for failure to furnish information contrary to s172 Road Traffic Act 1988. 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. WebCriminal Forms. 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 police sometimes do not always use the words speeding or careless driving or dangerous driving. If convicted, the company can only face a financial penalty. The deadline to respond is today. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. The Laws of Noise An 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 information is intended to provide a basis for understanding the legislation. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. 1.Failure to Appear. I was stopped by the police but haven't received my written warning. 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.
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