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. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. The police sometimes do not always use the words speeding or careless driving or dangerous driving. 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. Only that person can respond. Common offences that require an NIP on the The main exception is if there is an accident. WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences. Typographical errors are excusable. 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 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. If you have an option to reply electronically or, online then that is a better course of action. 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. I got back last night and only saw the letter today. It should also be noted that the burden of proof lies with the accused. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. 1.Failure to Appear. This is usually determined by whether you have been stopped by the police or not. 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. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. However it is clear that of real significance must occur and, often, near misses may constitute accidents. I have got a fixed penalty notice but I cannot afford to pay the whole amount. It is for the defence to prove that the section has not been complied with. he or she has insurance to drive the vehicle at the time of the offence. WebWhat is a notice of intended prosecution? 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. (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. In those circumstances there is no need for a warning. The Notice is simply what the name suggests. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. Check that the notice contains your correct name, address and date of birth; 2. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. This could have major repercussions for you. 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. If you are caught doing this, you take the risk of an immediate prison sentence. 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. 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. In those circumstances a verbal warning will not suffice. Common Again, remember to take off the day of the alleged offence. a red light), careless driving, dangerous driving or using a mobile phone whilst driving. The time limit for a written warning is 14 days from the date of the offence. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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 written Notice of Intended Prosecution will usually be issued in one of two circumstances. 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. 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. 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. 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. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. What exactly is a NIP? It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. The NIP and the requirement to identify the driver are often contained in the same letter. 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. If you admit to being the driver it does not necessarily follow that you accept having committed the offence as the police will still be required to prove all other aspects of the offence. That person should then identify you as the driver. For example, if there is no record of the registered keeper on the DVLA database it may not be possible for the police to send the letter out in time, Fixed penalty offer of 3 points and 100.00 fine, Court proceedings by way of Single Justice Procedure (SJPN) or postal requisition. 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. Yes. 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 One will suffice. Cars are cloned more often than you might imagine. It is for the accused to prove that he did not receive a warning (or the correct warning). 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 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. In those circumstances a verbal warning will not suffice. If you have received a Notice of Intended Prosecution (NIP) we know that you will be worried and you will want to check whether or not it is legally compliant with the requirements of Section 1 Road Traffic Offenders Act 1988. On the other hand, if you are warned for dangerous driving, this will suffice. 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. The time limit for a written warning is 14 days from the date of the offence. 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. (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. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. They do not, however, require to do both. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. If you receive a requirement for information and do not know who the driver was at the time of the alleged offence, it is essential that you take advice from a specialist motoring solicitor. However it is clear that something of real significance must occur. This stems from the fact that a Notice of Intended Prosecution is sent under. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. The validity of a complaint depends upon a number of factors. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. The first, and most usual, is where a motorist has been captured by a speed camera. A motorist caught on speed camera should receive a written warning, for example. 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 The two issues, although contained in the same letter and relating to the same incident, are quite separate. This does not invalidate the warning. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. We are friendly and approachable. The first notice must be sent to 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. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. The letter is simply a base-covering style letter sent out irrespective of the seriousness 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 section 1 of the Road Traffic (Offenders) Act 1988. THE RULE IN PRACTICE. 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 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. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. There is no legal obligation to respond to a Notice of Intended Prosecution. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. 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. Its dated 16th January and the alleged offence was on the 14th January. "Failure to provide", attracts a 6 penalty point endorsement. CHAPTER 2. 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. 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 Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. 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. BURDEN OF PROOF. Posting the notice within 14 days The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. What can I do? (4) Schedule 1 to this Act shows the offences to which this section applies. Additionally only the registered keeper requires to receive the warning within 14 days. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. This is made clear in. 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. 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. 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. 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. of prosecutions for certain offences. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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. 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. If you are also the registered keeper, this may well mean that you have a defence against the charge. PROOF BEYOND A REASONABLE DOUBT. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. WebThe Ohio Attorney Generals Office and the Ohio Peace Officer Training Academy launched a $15 million pilot program to help fund continuing professional training (CPT) for law enforcement officers in 2022, per the biennial operating budget passed by the Ohio General Assembly in summer 2021. 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. 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. What Is A Notice Of Intended Prosecution? 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 If you are a probationary driver & get 6 points for this offence your licence will be revoked. So, for example, someone is seen by civilians driving in an allegedly dangerous manner.