If you are also the registered keeper, this may well mean that you have a defence against the charge. 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. Seek legal advice straight away. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. See our independent TrustPilot reviews. Near misses may constitute accidents but it will depend on the precise nature of the event. The NIP and the requirement to identify the driver are often contained in the same letter. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. What Is A Notice Of Intended Prosecution? 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. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. All persons are 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. 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 can be in oral or written form. 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. 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. The time limit for a written warning is 14 days from the date of the offence. It is another matter, however, if your name is completely incorrect. WebIf you want to appeal and go to court. Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. 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. 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. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. 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 A written Notice of Intended Prosecution will usually be issued in one of two circumstances. I arrived home from work to a letter from the Metropolitan Police with a "NOTICE OF INTENDED PROSECUTION" Stating that "Under section 1 of the Road Traffic Offenders Act 1988, we intend to take proceedings against the driver of the following motor vehicle for the offence alleged below: We are invited, founder members of the Association of Motor Offence Lawyers. In those circumstances a verbal warning will not suffice. Under this section, certain road traffic offences require the service of a Notice of Intended Prosecution (NIP) within 14 days of the date of the alleged offence. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. 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. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. WebNotice of Intended Prosecution Help. What if I do not know who the driver was? I've been away from home for the past 4 weeks. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. Finally, it is very important to note that a late Notice of Intended Prosecution in no way removes the legal obligation upon a person to identify the driver of a vehicle when required to do so under section 172 of the Road Traffic Act 1988. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. (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. See the learn more section for more details. 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. One will suffice. We have found that the written warnings received by drivers caught on speed camera (i.e. A NIP may be issued for example for the following motoring offences: It is vital that you deal with it correctly as it is very easy to get the procedure wrong. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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 occurred early last week at approx 3.00am on the Monday morning! They do not, however, require to do both. If you think any errors in relation to your details are important, get professional advice. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. It can only be issued at the time of the offence. Its dated 16th January and the alleged offence was on the 14th January. 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 main exception is if there is an accident. If you are caught doing this, you take the risk of an immediate prison sentence. "Failure to provide", attracts a 6 penalty point endorsement. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Under s1 Road Traffic Offenders Act 1988, a Notice of Intended Prosecution must be issued to the driver or registered keeper of a vehicle identified as having been involved in a motoring 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 If you have received this email in error, please notify the sender and delete it from your system. 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. In that time, I received a Notice of Intended prosecution for running a red light. You will receive the NIP within 14 days after the alleged crime. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. See the learn more section for more details. The confusion arises because the two matters are often included in the same letter. It should also be noted that the burden of proof lies with the accused. 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. This is because dangerous driving and careless driving are statutory alternatives by virtue of. the offence of Speeding in Scotland) often cause a high degree of alarm. 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. 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 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. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. 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. It is a warning that you may be prosecuted for a certain offence or offences. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. Here's a list of what you need to do: 1. There may be a further delay before you receive them. The first, and most usual, is where a motorist has been captured by a speed camera. In order to identify the driver committing the offence, police must also usually serve a Notice of Intended Prosecution to the registered keeper of the vehicle concerned within 14 days of the offence. Requirement of warning etc. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. The last thing you want to do is to state that someone was driving based on poor quality B/W photos & when you arrive at Court you are shown clear colour pictures demonstrating you were wrong. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? Contained within the same letter is a requirement to identify the driver. 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. Your Enquiry Details: (required) Failure to provide such information constitutes a separate offence. 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. 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 WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). 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. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? 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). 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. A case may be dismissed for want of prosecution on If you have an option to reply electronically or, online then that is a better course of action. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. What if I moved house and didn't receive the NIP? Common offences that require an NIP on the It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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. Again, remember to take off the day of the alleged offence. WebCriminal Forms. These rules apply irrespective of the alleged offence. Remember that this offence carries a significant 6 point penalty! 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.
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