You must comply with a NIP within 28 days. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. The law surrounding Dangerous Driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. Here's a list of what you need to do: 1. 2023 Notice of Intended Prosecution.org, Schedule 1 of the Road Traffic (Offenders) Act 1988, Careless Driving (Road Traffic Act 1988, section 3), Dangerous Driving (Road Traffic Act 1988, section 2), Speeding (various sections of the Road Traffic Regulation Act 1984), Failing to comply with traffic signs (Road Traffic Act 1988, section 36), Drink Driving (Road Traffic Act 1988, section 5), Failure to Provide a Sample (Road Traffic Act 1988, section 7), Causing death by dangerous or careless driving (Road Traffic Act 1988, sections 1 and 2B), Using a vehicle in a dangerous condition (Road Traffic Act 1988, section 40A), Driving while using a mobile phone (Road Traffic Act 1988, section 41D). A limited company facing this charge should seek legal advice as to how the failure to comply with the NIP can be explained & more importantly, what measures have been taken to avoid a recurrence. Can I be convicted of dangerous driving? If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. Am I disqualified from driving if I receive a Notice of Intended Prosecution? ), Patterson Law Limited is a law firm authorised and regulated by the. We have found that the written warnings received by drivers caught on speed camera (i.e. 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. 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. Near misses may constitute accidents but it will depend on the precise nature of the event. When you The limited company is then under the same obligations as an individual so far as the NIP is concerned. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. 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. 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. 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. 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. A Section 1 warning is not required for every alleged road traffic offence. For example, if you lease your car, the lessor will be the registered keeper. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. 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. If convicted, the company can only face a financial penalty. This is because the letter usually also warns the driver that they may be prosecuted for Dangerous Driving in Scotland or 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. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. The first notice must be sent to the registered keeper of the vehicle Get the right support and representation at the earliest opportunity! 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. A warning for careless driving will not suffice in respect of a subsequent prosecution for dangerous driving in Scotland as the latter is a more serious charge than the former. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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. Youll find information about the offence in the notice. The main exception is if there is an accident. 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. 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. What happens if I do not comply with a NIP? 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. It is also know as a section 1 warning. Within the same letter will be a requirement to identify the driver. "Failure to provide", attracts a 6 penalty point endorsement. provided a validly completed NIP as soon as was reasonably practicable but, outside the prescribed time limit & that it was reasonable for you to be late in replying; were unable to identify the driver or potential drivers despite making all reasonable enquiries as to who that might be. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face The matter will be referred to the magistrates court if you ignore the notice. 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. 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. A motorist caught on speed camera should receive a written warning, for example. You will receive the NIP within 14 days after the alleged crime. 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. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 1 Road Traffic Offenders Act 1988. The time limit for an oral warning is strict. 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. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. Do I need to respond to the Notice of Intended Prosecution if I wasn't the driver/if I received it outwith 14 days etc. The matter will be referred to the magistrates court if you If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. You may have to go to Posting the notice within 14 days The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. The information is intended to provide a basis for understanding the legislation. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. 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 An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. What happens if a limited company does not comply with a NIP? These forms are provided for the 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. 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. Do I have to surrender both parts of my licence? 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. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. You can be convicted of careless driving. While this may seem a decision with no risk of repercussions, you cannot be certain of that. I suspect it is a scam. It can only be issued at the time of the offence. In those circumstances a verbal warning will not suffice. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. In those circumstances there is no need for a warning. However it is clear that something of real significance must occur. 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 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. 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. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. 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. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. Any action taken at this delicate stage is essential to your chances of avoiding or minimising penalty points in the future. Under s2 (1) Road Traffic Offenders Act 1988, if an accident has occurred this dispenses with the need to serve a notice of intended prosecution as the accident itself is deemed to put the driver on notice that they could be prosecuted. 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. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. But most Police forces do so. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? The police must serve the notice on either the driver or the registered keeper. 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. 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. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. It can be in oral or written form. That person should then identify you as the driver. The first, and most usual, is where a motorist has been captured by a speed camera. Requirement of warning etc. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. 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. It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. 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. The enquiries you should make of yourself & others include: Document the enquiries you make especially if they were made by email so that you can demonstrate the lengths you went to, so as to identify the driver. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. The civilians report the matter to the police who visit the accused 10 days later. Make a note of when and where you posted it; 7. The notice is issued by the police in motoring cases. If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. However it is clear that of real significance must occur and, often, near misses may constitute accidents. 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. It is this person that must receive the warning within 14 days. 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. 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. Where did it happen? For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. What can I do? The time limit for a written warning is 14 days from the date of the offence. 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. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. speeding). Advice for motorists who have received notices of intended prosecution. 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. Only that person can respond. 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 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. There is no legal obligation to respond to a Notice of Intended Prosecution. The name and address of the defendant. One will suffice. But they are not usually sufficiently serious so as to invalidate the Notice. It should be noted in terms ofsection 2 of the Road Traffic (Offenders) Act 1988that there are exceptions to this rule. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. The V5C, or vehicle logbook is a legal document issued by DVLA outlining essential information about the car like: date it was first registered; manufacturer; colour; engine size; and name of registered keeper. What exactly is a NIP? 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. When you receive it, you'll notice that the process can be confusing. a red light); use of mobile phone while driving or dangerous driving. 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. The messages are certainly of interest to the public and, given the insights they provide into how government (and the media) dealt with the pandemic If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. WebIf you want to appeal and go to court. 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. If you are caught doing this, you take the risk of an immediate prison sentence. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. This does not invalidate the warning. The warning at the time does not require a specific form of wording so long as the meaning is clear. That person should have the V5C document for the vehicle. 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. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. You have to personally complete, sign and post it. 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. The time limits are the same irrespective of the offence. This is because dangerous driving and careless driving are statutory alternatives by virtue of. Again, remember to take off the day of the alleged 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. Does the Crown need to prove they sent a Notice of Intended Prosecution? You must report the collision no matter who was at fault. 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. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. What if I moved house and didn't receive the NIP? 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. It is this person that must receive the warning within 14 days. I got back last night and only saw the letter today. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. It is for the accused to prove that he did not receive a warning (or the correct warning). The photos provided show a car which is identical and with the same licence number. I was stopped by the police but haven't received my written warning. Please help. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. 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. 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. It is for a speeding offence From feedback we have received, our clients are not always sure if they have been issued with such a warning. Failure to provide such information constitutes a separate offence. If you have an option to reply electronically or, online then that is a better course of action. 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. If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. We have the highest satisfaction rating of any road traffic firm in the UK. These rules apply irrespective of the alleged offence. need to be a collision or damage. It is for the accused to prove that he did not receive a warning (or the correct warning). There is no requirement for a warning if there has been an accident, for example, or the police failure is due to deliberate evasion on your part. 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. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. The civilians report the matter to the police who visit the accused 10 days later. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. This is because the letter usually also warns the driver that they may be prosecuted for dangerous driving or careless driving. It is another matter, however, if your name is completely incorrect. 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. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences.