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. If the recorded speed was too high for a speed awareness course (10 % above the speed limit + 9 mph is the usually applied threshold) then a fixed penalty may be offered. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. What is the charge? 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.
This is usually determined by whether you have been stopped by the police or not. On the other hand, if you are warned for dangerous driving, this will suffice.
NIP Checker - Is Your Notice Of Intended Prosecution Valid? Check that the notice contains your correct name, address and date of birth; 2. If you are a probationary driver & get 6 points for this offence your licence will be revoked. Why So Much Free Information Whats The Catch? If the requirement to provide this information is not complied with, a summons may be issued for failure to furnish information contrary to section 172 Road Traffic Act 1988. The warning at the time does not require a specific form of wording so long as the meaning is clear. of prosecutions for certain offences. If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. 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. Near misses may constitute accidents but it will depend on the precise nature of the event. However in certain circumstances the Crown may be precluded from obtaining a conviction. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. If the police have stopped you at the roadside and charged you with the offence of Speeding in Scotland or Dangerous Driving in Scotland, it is likely you will receive a verbal section 1 warning. Finally we deal with some frequently asked questions. Within the same letter will be a requirement to identify the driver. But they are not usually sufficiently serious so as to invalidate the Notice. 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. he or she has insurance to drive the vehicle at the time of the offence. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. The Notice is simply what the name suggests. The civilians report the matter to the police who visit the accused 10 days later. 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 WebNotice of Intended Prosecution Help. When is a Notice of Intended Prosecution deemed Served? The police must serve the notice on either the driver or the registered keeper. So, for example, someone is seen by civilians driving in an allegedly dangerous manner.
for Notices of Intended Prosecution Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. It is for the defence to prove that the section has not been complied with. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. Cars are cloned more often than you might imagine.
Sharing dashcam footage WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. The first, and most usual, is where a motorist has been captured by a speed camera. 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. WebThe types of offences that Operation Snap deals with generally have a 6 month time limit for prosecution. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. Its dated 16th January and the alleged offence was on the 14th January. 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). We use cookies to help improve your experience and our services. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. What if I moved house and didn't receive the NIP? 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.
Single justice procedure notice: speeding or Alternatively the matter may proceed straight to Court. (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. They do not, however, require to do both. From feedback we have received, our clients are not always sure if they have been issued with such a warning. 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. 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 a driver fails to respond to such a requirement then he can still be charged with a contravention of section 172 which carries a punishment of 6 penalty points. Common offences that require an NIP on the NIP offences list are; Speeding, careless driving and dangerous driving as well as traffic signal / sign offences. However it is clear that something of real significance must occur. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. Our founder Mr Walker has been invited to provide member training for the Law Society of Scotland, Glasgow Bar Association, The Royal Faculty of Procurators, and Scottish courts. 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. (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. Can I see photographic evidence relating to the offence? North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. 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. (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 place where 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. 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. It would be best to get legal advice as to the exact basis on which you are going to contest the charge & the evidence that you and/or others may have to give. 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. 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. 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. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily need to be a collision or damage. They do not, however, require to do both. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. You may have to go to
Notice CHAPTER 2. This depends. 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 is issued by the police in motoring cases. Notice of intended prosecution Vasilica Ciobanu made this Freedom of Information request to Metropolitan Police Service (MPS) This request has been closed to new correspondence. The time limit for an oral warning is strict. The response form included is for the requirement, not the Notice. Does the Crown need to prove they sent a Notice of Intended Prosecution? This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. The deadline to respond is today. 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 practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. 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. We have found that the written warnings received by drivers caught on speed camera (i.e. 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 photos provided show a car which is identical and with the same licence number. In those circumstances there is no need for a warning. The police normally send the notice to the registered address of the vehicle according to DVLA records. The fact that you disagree with the allegation does not mean that you are entitled to withhold information in relation to the identity of the driver if it is required. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence.
Notice of Intended Prosecution You can phone us on 0151 601 3743. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. Near misses may constitute accidents but it will depend on the precise nature of the event. However, it does not have a driving licence so it cannot get points. People who share the use of a car & receive a NIP may have a conversation as to who has the least points & who should admit being the driver when the offence was committed. 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. 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.
Speeding | Metropolitan Police 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. Some detailed information in respect of certain offences is contained in our learn more boxes below. If the registered keeper for a vehicle received a NIP more than 14 days after the offence was committed, then it should be invalid & any subsequent prosecution will have to be abandoned. This could have major repercussions for you. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. The Police are not under a duty to send reminders. What if I do not know who the driver was? If you cannot identify the driver, then you need to return the NIP with a covering letter either stating that: Make sure you send this response within the prescribed time limit & keep a copy of what you send. 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. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. If there is also a requirement to identify the driver you still need to respond to this. What if more than one person could have been the driver? 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. Get the right support and representation at the earliest opportunity! Yes. What can I do? 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.