notice of intended prosecution met police

What if more than one person could have been the driver? 2.01. The time limit for a written warning is 14 days from the date of the offence. For example, if you lease your car, the lessor will be the registered keeper. 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. This satisfies the Notice of Intended Prosecution rules. Your Enquiry Details: (required) If you think any errors in relation to your details are important, get professional advice. In those circumstances there is no need for a warning. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 1 Road Traffic Offenders Act 1988. 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 In those circumstances there is no need for a warning. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. Vasilica Can I be convicted of 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. What if I do not know who the driver was? 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. 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. The two issues, although contained in the same letter and relating to the same incident, are quite separate. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. 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. 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. Common As amended through January 27, 2023. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. 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. WebNotice of Intended Prosecution - Alleged driving without due care and attention Ive got home from work today and have received a notice of intended prosecution from West Mercia Police. 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. It should also be noted that the burden of proof lies with the accused. Failure to provide such information constitutes a separate offence. 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. CONTRAVENING TRAFFIC SIGN, SIGNALS & ROAD MARKINGS. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. Remember that this offence carries a significant 6 point penalty! In those circumstances there is no need for a warning. Call us at 0151 601 3743 and get a free initial consultation. It is this person that must receive the warning within 14 days. 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 time limits are the same irrespective of the offence. However it is clear that of real significance must occur and, often, near misses may constitute accidents. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. This happens more often than you think. INTRODUCTORY PROVISIONS. If you have an option to reply electronically or, online then that is a better course of action. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. 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. 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. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. If this happens to you, the first you will often know is when you receive written notification that a car with your registration plate has committed a driving offence, not paid parking charges, etc. The paperwork does not explain in simple terms what you need to do. 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. The NIP is simply what the name suggests. WebIf you've been caught speeding by a speed camera, or you've been stopped by the police, you'll be sent a Notice of Intended Prosecution and a Section 172 Notice within 14 days. Finally we deal with some frequently asked questions. Within the same letter will be a requirement to identify the driver. 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 red light); use of mobile phone while driving or dangerous driving. 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. I have got a fixed penalty notice but I cannot afford to pay the whole amount. The first notice must be sent to the registered keeper of the vehicle Typographical errors are excusable. It is a warning that you may be prosecuted for a certain offence or offences. Why So Much Free Information Whats The Catch? The matter will be referred to the magistrates court if you ignore the notice. Apart from the available photographic evidence which may immediately show that you could not have been the driver, Police have recently started using mobile phone masts to establish the location of an individuals phone when the alleged offence was committed. The limited company is then under the same obligations as an individual so far as the NIP is concerned. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. What happens if a limited company does not comply with a NIP? 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. 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. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. Common offences that require an NIP on the WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. The civilians report the matter to the police who visit the accused 10 days later. 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. 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. In those circumstances there is no need for a warning. The time limit for a written warning is 14 days from the date of the offence. The first, and most usual, is where a motorist has been captured by a speed camera. 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. The information is intended to provide a basis for understanding the legislation. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. 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 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. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. The confusion arises because the two matters are often included in the same letter. 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. 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. There may be a further delay before you receive them. Cars are cloned more often than you might imagine. Some detailed information in respect of certain offences is contained in our learn more boxes below. 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. Here's a list of what you need to do: 1. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. In those circumstances a verbal warning will not suffice. 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. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. From feedback we have received, our clients are not always sure if they have been issued with such a warning. I've been away from home for the past 4 weeks. It is this person that must receive the warning within 14 days. What can I do? (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. The main exception is if there is an accident. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. 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 section 1 of the Road Traffic (Offenders) Act 1988. 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. (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. However, it does not have a driving licence so it cannot get points. 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 If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). The photos provided show a car which is identical and with the same licence number. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. WebIf you want to appeal and go to court. Some detailed information in respect of certain offences is contained in our learn more boxes below. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. 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. 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. The requirement is to provide those details within 28 days. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. But they are not usually sufficiently serious so as to invalidate the Notice. 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 civilians report the matter to the police who visit the accused 10 days later. It is for the accused to prove that he did not receive a warning (or the correct warning). It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. 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. 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. Requirement of warning etc. WebCriminal Forms. This does not invalidate the warning. We have the highest satisfaction rating of any road traffic firm in the UK. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. 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 The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. The offences to which it applies are found in. You will receive the NIP within 14 days after the alleged crime. If you do not comply with a NIP & have no defence, your licence will be endorsed with 6 points & you will face a variety of financial penalties, including a fine. I have got a fixed penalty notice. Near misses may constitute accidents but it will depend on the precise nature of the event. Successfully defending a charge of Speeding in Scotland is a technical job and it needs someone with the knowledge, experience and court craft to win.The NIP can be issued verbally by police officers if you have the misfortune of being stopped by the Police at the time. The information provided on this website is true and accurate to the best of our knowledge and belief. 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 time limits are the same irrespective of the offence. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. No. This is perfectly competent but it can also create confusion. Have you received a Notice of Intended Prosecution (NIP)? This is usually determined by whether you have been stopped by the police or not. 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). 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. 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. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. 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). This is perfectly competent but it can also create confusion. However it is clear that something of real significance must occur. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. If convicted, the company can only face a financial penalty. A case may be dismissed for want of prosecution on