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. 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. Under s1 Road It should also be noted that the burden of proof lies with the accused. The confusion arises because the two matters are often included in the same letter. Advice for motorists who have received notices of intended prosecution. When you Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. TITLE 1. 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. 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. This position is based upon our outstanding track record and commitment to client care. They mean two things: the police want to prosecute the driver of a vehicle for a driving offence; and the police want you to tell them who was driving. 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 is this person that must receive the warning within 14 days. 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. 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 Registered Keeper of the vehicle. But dont take our word for it. They do not, however, require to do both. The Police are not under a duty to send reminders. 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. I have got a fixed penalty notice but I cannot afford to pay the whole amount. A Section 1 warning is not required for every alleged road traffic offence. 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 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. 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. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. You will be regarded as not having complied with a NIP if you: The NIP should give sufficiently clear information to: The enquiries you should make of yourself & others include: Causing Death or Serious Injury By Dangerous Driving. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. The time limit for an oral warning is strict. 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. You may then be well advised to liaise with DVLA on getting a new registration plate. The deadline to respond is today. Who is the registered keeper of a vehicle? In the vast majority of cases, such a prosecution will not happen. 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. 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). The matter will be referred to the magistrates court if you The warning at the time does not require a specific form of wording so long as the meaning is clear. Do I have to surrender both parts of my licence? The Reminder does not extend the time for complying with the original Notice. What happens if a limited company does not comply with a NIP? However, this does not apply to If the offence requires a Notice of Intended Prosecution to be served, remember that the first NIP has to be received within 14 days of the alleged offence. Your Enquiry Details: (required) Why So Much Free Information Whats The Catch? It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. 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. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. 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. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. 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 the vehicle was not stopped at the time it may be served by post on the registered keeper of the vehicle within 14 days. The police sometimes do not always use the words speeding or careless driving or dangerous driving. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. Finally we deal with some frequently asked questions. The offences to which it applies are found in. The law provides that a warning for the lesser counts as a warning for the greater. Its important to check your records for any penalty points on your driving licence. You must comply with a NIP within 28 days. However a warning for careless driving will not suffice in respect of dangerous driving as the latter is a more serious charge than the former. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. It should also be noted that the burden of proof lies with the accused. Requirement of warning etc. When is a Notice of Intended Prosecution deemed Served? This occurred early last week at approx 3.00am on the Monday morning! There is no legal obligation to respond to a Notice of Intended Prosecution. The time limits are the same irrespective of the offence. This is made clear in, 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. Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. If you see errors that relate to your name, address or date of birth, you should correct them. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. You must still comply with a NIP received late & then argue the point when the case comes to Court. 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. It has to be sent within 14 days of detection of the alleged offence and has to specify: the nature of the alleged offence date and time the alleged offence happened the place the alleged offence happened. A case may be dismissed for want of prosecution on It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. 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. It can only be issued at the time of the offence. That person should then identify you as the driver. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. It is this person that must receive the warning within 14 days. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. Or call our helpline: 01752 487701. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. The paperwork does not explain in simple terms what you need to do. 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 The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. It is for the accused to prove that he did not receive a warning (or the correct warning). The time limit for an oral warning is strict. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. 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. 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. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. If the details are incorrect or, out of date then put the correct details in your reply; 5. Get the right support and representation at the earliest opportunity! (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. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. 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. Can the NIP be issued to a limited company? 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. If you have received this email in error, please notify 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. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. 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. failing to conform with a traffic signal (eg. This is the name of the police force prosecuting you. ), Patterson Law Limited is a law firm authorised and regulated by the. 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. Youll find information about the offence in the notice. the offence of Speeding in Scotland) often cause a high degree of alarm. 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. The Laws of Noise An The warning at the time does not require a specific form of wording so long as the meaning is clear. 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. The case has been brought against the person named here. This is usually determined by whether you have been stopped by the police or not. 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. It is for the accused to prove that he did not receive a warning (or the correct warning). Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. 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.
