notice of intended prosecution met police

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. 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. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face You must still comply with a NIP received late & then argue the point when the case comes to Court. The deadline to respond is today. It is a warning that you may be prosecuted for a certain offence or offences. Check that the notice contains your correct name, address and date of birth; 2. This stems from the fact that a Notice of Intended Prosecution is sent under. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. Contained within the same letter is a requirement to identify the driver. It is for the accused to prove that he did not receive a warning (or the correct warning). 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. 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. 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. The Notice is simply what the 1.Failure to Appear. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. The confusion arises because the two matters are often included in the same letter. 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 should also be noted that a section 1 warning does not require a particular form of words. WebPENAL CODE. 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. 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. 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. 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. The NIP should give sufficiently clear information to: So far as the location is concerned it is insufficient for example to simply state M53 or M53 Wirral but M53 near J4 southbound would probably be sufficient. The matter will be referred to the magistrates court if you ignore the notice. 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 stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. What should I do? 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. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. 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. 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. What happens if I do not comply with a NIP? It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. You have to personally complete, sign and post it. 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 first, and most usual, is where a motorist has been captured by a speed camera. a red light); use of mobile phone while driving or dangerous driving. Trustpilots top-rated road traffic law specialist, In 2001, I established the first firm in Scotland to dedicate itself to the specialisation of road traffic law, Graham Walker, founder of Roadtrafficlaw.com Ltd. For peace of mind contact us today. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge 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. 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. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. Typographical errors are excusable. 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. What if more than one person could have been the driver? 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. Or call our helpline: 01752 487701. Have you received a Notice of Intended Prosecution (NIP)? Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? In very simple terms, it is a document that provides sufficient notice to the registered keeper or the driver of the vehicle that they may be prosecuted for a driving offence. See the learn more section for more details. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. 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. They are normally sent out when there is about 7 days of the original time limit remaining. The two issues, although contained in the same letter and relating to the same incident, are quite separate. The information is intended to provide a basis for understanding the legislation. 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 Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. The Notice is simply what the name suggests. No. However, if there was a number of possible drivers you should include in response the names, addresses and dates of birth of them all, explaining why you are not sure who the driver was. Posting the notice within 14 days WebIf you have been caught speeding or have committed a traffic offence that has been caught on camera, then the police will serve a Notification of Intended Prosecution (NIP) together with a document known as a Section 172 notice. It should also be noted that the burden of proof lies with the accused. 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. In those circumstances a verbal warning will not suffice. Contact us if you think it should be reopened. need to be a collision or damage. It is for the accused to prove that he did not receive a warning (or the correct warning). The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. This is usually determined by whether you have been stopped by the police or not. Common The Verbal Notice of Intended Prosecution. If there is also a requirement to identify the driver you still need to respond to this. That person should have the V5C document for the vehicle. What exactly is a NIP? Near misses may constitute accidents but it will depend on the precise nature of the event. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. This does not invalidate the warning. It can only be issued at the time of the offence. 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. But most Police forces do so. WebIf you want to appeal and go to court. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. We have the highest satisfaction rating of any road traffic firm in the UK. If you see errors that relate to your name, address or date of birth, you should correct them. 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. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. 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. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window), section 1 of the Road Traffic Offenders Act 1988, Schedule 1 of the Road Traffic (Offenders) Act 1988, Section 1 Warning - Careless Driving in Scotland, section 1 of the Road Traffic (Offenders) Act 1988, section 24 of the Road Traffic (Offenders) Act 1988, section 2 of the Road Traffic (Offenders) Act 1988, Section 1 Warning - Dangerous Driving in Scotland. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. It can be in oral or written form and we say more on this below. What is the charge? I've been away from home for the past 4 weeks. Points are relevant from date of offence to date of offence for any speeding charge. 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. WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. If the company fails to respond it cannot be subject to penalty points as only private individuals can have driving licences. From feedback we have received, our clients are not always sure if they have been issued with such a warning. 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. Within the same letter will be a requirement to identify the driver. However, this does not apply to 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. The time limit for an oral warning is strict. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. Enforcement procedure A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. 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. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. All persons are For examaple the police may charge you with Speeding in Scotland but warn you that you could be prosecuted for careless or dangerous driving in Scotland. It should also be noted that a section 1 warning does not require a particular form of words. that there are exceptions to this rule. You can phone us on 0151 601 3743. Remember that this offence carries a significant 6 point penalty! There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. I was stopped by the police but haven't received my written warning. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. Can the NIP be issued to a limited company? 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. 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. The law surrounding Dangerous Driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. The police sometimes do not always use the words speeding or careless driving or dangerous driving. It should also be noted that the burden of proof lies with the accused. Cars are cloned more often than you might imagine. We are invited, founder members of the Association of Motor Offence Lawyers. See our independent TrustPilot reviews. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. That person should then identify you as the driver. WebIf a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. Do I have to surrender both parts of my licence? Who is the registered keeper of a vehicle? Common offences that require an NIP on the This is perfectly competent but it can also create confusion. If you want to appeal you have to go through the court, not the police. This is made clear in. The police must serve the notice on either the driver or the registered keeper. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. 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. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. Its dated 16th January and the alleged offence was on the 14th January. The information provided on this website is true and accurate to the best of our knowledge and belief. What if it was not my car caught by the camera? I was warned for speeding. You may then be well advised to liaise with DVLA on getting a new registration plate. The response form included is for the requirement, not the Notice. Am I disqualified from driving if I receive a Notice of Intended Prosecution? Failure to do this is an offence in itself. 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. (2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. 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). (2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. 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. Some detailed information in respect of certain offences is contained in our learn more boxes below. On the other hand, if you are warned for dangerous driving, this will suffice. 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 main exception is if there is an accident. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. I was warned for dangerous driving but am being prosecuted for careless driving, I have received a NIP but the offence was more than 14 days ago, I have received a Notice of Intended Prosecution but know for a fact that my car was off the road. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. For example, if you lease your car, the lessor will be the registered keeper. 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 It is for the accused to prove that he did not receive a warning (or the correct warning). This position is based upon our outstanding track record and commitment to client care. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. It is this person that must receive the warning within 14 days. Are there any defences to not complying with a NIP? I have got a fixed penalty notice but I cannot afford to pay the whole amount. 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. In those circumstances a verbal warning will not suffice. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. The Reminder does not extend the time for complying with the original Notice. 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 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 You must report the collision no matter who was at fault. Only that person can respond. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. The European Court of Human Rights decided that drivers do not have a right of silence and ARE required to answer the identity question in terms of Section 172 of the Road Traffic Act. Its important to check your records for any penalty points on your driving licence. 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. The paperwork does not explain in simple terms what you need to do. In cases where injury or damage to property has occurred then the requirement for an NIP does not apply.We often advise clients to make no comment when questioned by the police, beyond the formal details, of name, address and sometimes, date of birth. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. Moreover you can only be successfully prosecuted if you are warned for the correct offence. What happens if a limited company does not comply with a NIP? The matter will be referred to the magistrates court if you You may have to go to That is probably when the worry sets in. In that time, I received a Notice of Intended prosecution for running a red light. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. This satisfies the Notice of Intended Prosecution rules. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. 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. If you have an option to reply electronically or, online then that is a better course of action. 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 a red light), careless driving, dangerous driving or using a mobile phone whilst driving. It is also know as a section 1 warning. This could have major repercussions for you. We are road traffic law experts. 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. 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. 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). Sec. As you are liable for a 6-month driving ban under what is known as the totting up procedure when you reach 12 or more points, you do not want to get 6 points if you can avoid doing so. For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. It has to be sent within 14 days of detection of the alleged offence and has to specify: the nature of the alleged offence date and time the alleged offence happened the place the alleged offence happened. These forms are provided for the Cloning happens when someone uses the same number plate that is registered to your car to avoid paying fines, road tax, insurance or engage in criminal activity. If a NIP is sent by first class post it is deemed served 2 days after it was posted irrespective of the fact that it went to an address provided by DVLA that is no longer current for you. However in certain circumstances the Crown may be precluded from obtaining a conviction. 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. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. It is a warning that you may be prosecuted for a certain offence or offences. As amended through January 27, 2023. But they are not usually sufficiently serious so as to invalidate the Notice. You can be convicted of careless driving. 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. This does not invalidate the warning. 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. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. 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. In road traffic cases, however, the accused person, if required under Section 172 of the Road Traffic Act 1988, is obliged to give information, within his knowledge about the identity of a driver of the vehicle involved in any such incidents. Here's a list of what you need to do: 1. 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). I suspect it is a scam. The civilians report the matter to the police who visit the accused 10 days later. 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. Near misses may constitute accidents but it will depend on the precise nature of the event. Finally we deal with some frequently asked questions. 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. You will receive the NIP within 14 days after the alleged crime. When you TITLE 1. If convicted, the company can only face a financial penalty. Please help. That person should then identify you as the driver. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. This is done by issuing a Notice of Intended Prosecution (NIP). The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. 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.