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. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. 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 If no formal notice, termed a Notice of Intended Prosecution, is received by the registered keeper within 14 days then you can stop worrying as the registered keeper is required to receive such a notice within 14 days of the alleged contravention. It is a warning that you may be prosecuted for a certain offence or offences. 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. It is another matter, however, if your name is completely incorrect. 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. This does not invalidate the warning. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. 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. (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. See the learn more section for more details. The NIP and the requirement to identify the driver are often contained in the same letter. 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. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. In those circumstances a verbal warning will not suffice. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. 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. 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. 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. 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. The response form included is for the requirement, not the Notice. 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. From feedback we have received, our clients are not always sure if they have been issued with such a warning. Points are relevant from date of offence to date of offence for any speeding charge. This is usually determined by whether you have been stopped by the police or not. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. The name and address of the defendant. Posting the notice within 14 days However in certain circumstances the Crown may be precluded from obtaining a conviction. 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 Section 1 warning is issued late or not issued at all then this may be a defence against the charge. 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. The main exception is if there is an accident. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. However it is clear that of real significance must occur and, often, near misses may constitute accidents. The police sometimes do not always use the words speeding or careless driving or dangerous driving. 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. THE RULE IN PRACTICE. It is this person that must receive the warning within 14 days. In those circumstances a verbal warning will not suffice. The most common offences for which a warning is required are: Some common offences which do not require a Notice of Intended Prosecution include: A section 1 warning takes two main forms oral or written. 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. The NIP is simply what the name suggests. If you have received this email in error, please notify the sender and delete it from your system. That person should have the V5C document for the vehicle. 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. the offence of speeding) often cause a high degree of alarm. 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. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. 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 Notice of Intended Prosecution is usually sent with a Request for Driver Information. 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 law provides that a warning for the lesser counts as a warning for the greater. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. 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. 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. What happens if I knowingly provide false information as to who was driving? Does it matter that my is spelled incorrectly? he or she was in the country at the time of the offence; he or she has returned abroad or has gone abroad for an indefinite period; and. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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. I got a letter from the Met Police saying someone driving what looks like our car broke the speed limited in North London - 20 miles away from where we live. 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. It is for a speeding offence Frank Rogers Law is authorised and regulated by the Solicitors Regulation Authority SRA no 800795, Registered Office: Unit 3 Stadium Court, Plantation Rd, Bromborough, Wirral, Merseyside CH62 3QG, Possible Offences Covered by a Notice of Intended Prosecution. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. Yes, subject to certain exceptions. 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. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. 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. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. Within the same letter will be a requirement to identify the driver. The first, and most usual, is where a motorist has been captured by a speed camera. WebWhat is a notice of intended prosecution? Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. Their phone lines are closed and I can't speak to anyone via 101. Can the NIP be issued to a limited company? One will suffice. What exactly is a NIP? 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. See the learn more section for more details. Typographical errors are excusable. If you have an option to reply electronically or, online then that is a better course of action. 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. 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. I was stopped by the police but haven't received my written warning. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. This is perfectly competent but it can also create confusion. Requirement of warning etc. I have got a fixed penalty notice. These forms are provided for the Do I have to surrender both parts of my licence? 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. This does not invalidate the warning. I was warned for speeding. The driver has left the country. WebIf you want to appeal and go to court. BURDEN OF PROOF. that there are exceptions to this rule. 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. This depends. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. 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. They do not, however, require to do both. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. Why So Much Free Information Whats The Catch? WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. 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 However, it does not have a driving licence so it cannot get points. If you are also the registered keeper, this may well mean that you have a defence against the charge. The case has been brought against the person named here. 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. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. The civilians report the matter to the police who visit the accused 10 days later. It should be noted in terms ofsection 2 of the Road Traffic (Offenders) Act 1988that there are exceptions to this rule. It is possible that your car has been cloned. But most Police forces do so. Therefore, it is important to make sure that the address on your licence & the address DVLA have for any vehicle registered to you is current. Where did it happen? 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. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences.
Application Under Consideration After Interview,
Nyakim Gatwech Husband And Child,
Queensbury Tip Opening Times,
Articles N